Legal Question in Family Law in California
My husband was sentened to 12 years in prison for child molestation. I am filing for a divorce and I have a son who is 15 but was 12 when he went to prison. My X wants half my pension that i have earned and half the assets, yet he has left me with over $450,000.00 in debt that i am paying having to work 2 jobs. Can i claim child support and stress and him not get my pension plus he is not physically here do i get to keep all assets
1 Answer from Attorneys
Both the assets AND debts get divided. If you take the debts, you get credit for it on the asset side. It sounds like that would wipe out his claim on your pension and other assets. Unfortunately, child support is based on income, so you're not going to get any help there unless he gets paroled and finds work.