Legal Question in Family Law in California
My husband has done domestic violence on our five-year-old son. If we get a divorce, do I have to pay him spousal support?
2 Answers from Attorneys
YOU are legally responsible for the care of your child. If you permit your child to be in a situation where they may be injured, then you may be prosecuted for child abuse. The fact that the abuser is the other parent does NOT remove YOUR obligation to protect the child. If you're unable to care for your son then find someone who can. You can ask Child Protective Services for immediate help.
What Mr. Kubler is trying to say is that if you don't file for a domestic violence restraining order against your husband and have him removed from the home, you may be charged with child endangerment and/or aiding and abetting child abuse. That is an ENTIRELY unrelated issue to spousal support. The two have absolutely NOTHING to do with each other. Spousal support is awarded or not based on something like 45 separate statutory factors that the court must consider.