Legal Question in Family Law in California

homemaker equal min. pay,?

I am a homemaker, with 3 children. Two from the man I am divorcing, and I also have another from my boyfriend with whom we live with. I recently had a meeting with my husband, his attorney and myself and my attorney. When it came to figuring out the amount of child support he was going to have to make he had his last couple of pay check stubs but not bothered nor had his attorney made sure he had not filled out his preliminary Declaration of Disclosure or his Income and Expense Declaration. We had waived final Disclosure, but he was told he had to furnish the above mentioned papers when being presented to the judge for his signature. When the attorneys were figuring out the child support payments, why was it that when it came to my income they said that I made min. wage and had used that amount as the amount of income that I make. When in fact I make no income? What happens if he does not furnish his Prel. Declaration of Disclosure or his Income and expense Declaration. Also I was served in Jan. 2004 and the petition was filed in Nov.2003. Was I not intitled to arrerages as of the Nov. 2003 instead of the Sept. date? Respectfully,--name removed--


Asked on 10/06/04, 2:17 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: homemaker equal min. pay,?

You should be discussing this with your attorney. There are many reasons why income would be attributed to you. There are also reasons why the support would not be retroactive to the date of filing the petition for dissolution. These decisions are made based on the facts of your case.

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Answered on 10/08/04, 1:27 am


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