Legal Question in Family Law in California

My husband filed for divorce almost a year ago.

I worked in mortgage for 16 $/hr for 15 months before we had the kids, then I was a homemaker for 5 1/2 years now. He paid me spousal support since Dec 2009 until now (3 months), and now his attorney asks that I will be imputed income, about 1750 $ / mo. What does this mean ? Is it normal for me to accept such a thing, or is it better to go to court ? What shall I expect from the court ? How long will I be able to get the spousal support until I get a job ? What jobs shall I look for and get, so that he does not impute income on me ?

I have been looking for a job all this time, but all the employers who called me told me that because I was out of work for 5 1/2 years they will not give me the job. Just last week I completed a 9 hour class to become a Loan Processor. I am still looking for jobs in my field.


Asked on 2/19/10, 8:14 pm

2 Answers from Attorneys

You should not be imputed income while you are looking for work. You definitely should not be imputed income in this economy so soon after being a homemaker supported by your husband. You should also not be imputed income without a vocational evaluation. There are steps to this process that ENDS with imputed income after you have been evaluated for work, ordered to find work and have failed to find work due to not trying hard enough. Your husband's attorney is trying to railroad you. You are up against a shark (and a jerk) you need an attorney or you will get creamed. Your husband should be ordered to pay for an attorney for you.

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Answered on 2/24/10, 8:51 pm
James Bame San Diego Law Office

You should receive spousal support for another two years and no income imputed to you. Have you received any moving papers (motions or OSC's)? Contact me directly.

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Answered on 2/25/10, 11:15 am


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