Legal Question in Family Law in California
My father and mother have been separtaed for 5 years. My mother is mexican and has her green card. SHe is now living in mexico in poverty. My father does not send her money. He does not want a divorce becuase he will loose his house. He is retired and is 88. My mother is 65 and does not work she is developing dimentia. How can i get my father to send her money
1 Answer from Attorneys
Legally she is still married to him so she has rights to any income that he earns. She can file for legal separation where they are still married but she can receive spousal support and property division. I find it troubling that the father knows she is living in poverty and refuses to send money to his own wife. She should act soon before her health deteriorates from the poverty.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com
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