Legal Question in Family Law in California

Re: Financial Concern

The standard for child custody in CA is the best interest of the child. Income level should not be a determining factor of "best interest" since the court can equalize income through spousal and child support. You should also know that you are permitted to use community property assets (e.g., money from joint credit cards, savings, etc) to hire an attorney. In addiiton, if you and your husband seperate and/or he controls the money, the court can order that he pay your attorney's fees.

Your husband's threats are - as I am sure you know already - controlling and abusive. If he is abusive in other ways, you can seek information and assistance by calling this number: 1-800-799-SAFE.

If you are ready to consult with an attorney, please feel free to contact me.

Re: Financial Concern

As you are learning from your posted message, knowledge is power. Feeling better? You can see, from the responses from all attorneys, that your husband is full of hot air as to his idle threats. I note you are in Menifee, and if you file, your case will likely be heard in Hemet (familiar courts - I am a former Deputy District Attorney in the Family Support Division - Riverside Co. (Riv/ Hemet/Temecula-Murrieta). I am a Temecula Transplant. The Southwest Justice Center just moved all their family law cases (temporarily) to Hemet. Generally, community property in California is 50/50, assets are generally defined as anything acquired during marriage (generally from your labors, skills and efforts - e.g., not inheritance/gift)-bills acquired during marriage are generally 1/2 his. Custody isn't contingent on your income...but child support factors in the disparities in income &... is based on a multitude of factors, including respective parties income and time/sharing arrangement of the child,e.g., % of time the child is with each parent. Spousal support (generally lasts 1/2 the length of the marriage (rule of thumb, but not steadfast) to the lesser income spouse - based on need/ability to pay). As to attorneys fees, that was already addressed. If you wish to talk further drop an email or call. For additional information, feel free to view our web site: www.the-divorce.com

Re: Financial Concern

your situation is unfortunately quite common alot of the time. your husband is basically making idle threats here to intimidate you into staying with him any way he can, from the sounds of it. however, fortunately, he cannot necessarily succeed legally. the court does not base its custody rulings on financial considerations alone, or whom make the most money. thus, there is no merit in your husbands threats. the court is most interested in the overall well-being of the children in the household. this will be the standard in which custody will be determined. if you would like further assistance, contact us directly.

Reply: Financial Concern

In a general sense, you may be entitled to child and spousal support which would equal out the financial disparity between you. You really need to know what you are entitled to under California law.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues including child and spousal support by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com