Legal Question in Family Law in California
Can my husband kick me out?
Married 9 months, second marriage. Pregnant with his child. Work at home part time. Cannot support myself on my own (have two other young children of my own). My husband is already not wanting to stay married. There's no fighting or abuse. No foul play or illegal actions going on. Can he just get me kicked out? If he files for divorce, do I have to leave? Have nowhere to go. Also, could I request spousal support (obviously child support for his baby once born) since I can't support myself and three children? He just wants to give up, even with counseling. Will I be forced out? I told him I'm not leaving. Nowhere to go and not enough money to live on on my own. He thinks we haven't been married long enough for me to get spousal support. He makes over $55,000 year. Any idea what I could get for child support (1 child) and/or spousal support? Help!?
2 Answers from Attorneys
Re: Can my husband kick me out?
Assuming a 15% timeshare, you would get around $800 child support and maybe $1000 spousal support. The spousal support would run from 6-12 months.
He can't "kick" you out, but if there is domestic violence, the court can order the offender out immediately.
When you begin working, your support will go down but he will also be ordered to pay a portion, probably 1/2, of your daycare expense for the baby.
Re: Can my husband kick me out?
One would expect that he would have to move out, at least for the short term. It appears that it would be less of a hardship for him to move out immediately than it would be for you. This will probably be a short term situation.
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