Legal Question in Family Law in California
My husband fell in love with someone else and requested a divorce after 17 yrs. At that point, I'd been the primary caregiver for our 3 children and out of the workforce for 9 yrs. We moved into separate residences & shared the kids 50/50 for a period of 15 months, during which time, he paid the core expenses of both households, while I struggled with outdated job skills and tried to hang on to something long enough to earn a paycheck that would cover food/gas/clothing, and eventually my future. However, my husband grew weary of waiting and, without discussion or warning, filed for divorce (although we'd discussed working on a settlement agreement) and immediately ceased paying anything at all on my behalf. I had to vacate my condo and left the state for a week to stay with my mother, upon my return the car died, he has had the children 100% for the last 3-4 weeks because I can't house or transport them to and from school, and I feel absolutely trapped in a "catch 22" since he won't even consider paying child support because I'm not caring for them! I was told an Order to show cause wont result in an award for many months, if at all, since I'm required to disclose the fact that I currently have the kids about 10% of the time! Any help/advice/direction/hopeful thoughts out there for me?? Anyone??
1 Answer from Attorneys
Your best option is to file an OSC or motion, which one is quicker may depend upon the local court rules. Even with only 10% time share he should be paying spousal support. Further courts generally do not take kindly to a spouse just suddenly cutting off the finances of the other spouse. Explaint that he cut off his support for you and the children without notice. That conduct is not in the best interests of the children, and it appears that this conduct was calculated to interfere with your contact with the children.
Your mistake was in not taking action immediately after he cut of his support. Consult with attorneys and ask that they obtain there fee from him.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
