Legal Question in Family Law in California
My ex and were married for approx 23 years. We separated in Oct 2009. She has been cohabiting "rent-free" with her boyfriend since separation (Oct 2009 - Feb 2011)
I have sole legal and physical custody of our 11.5 year old daughter. Her mother (my ex) has "visitation". The actual time split is 80/20 (20 % visitation time with the mother).
My ex was convicted of Domestic Violence against me CA PC 273.5 (a) in Jan 2009. We separated in Oct 2009. I petitioned for divorce in Nov 2009 and was granted sole legal and physical custody due to her DV conviction.
She has been cohabiting since date of separation.
I am representing myself and have been doing a lot of research since this nightmare process "started" and i have learned a lot.
However, i am now facing a Trial (March 18, 2011) to determine "long-term / permanent" spousal support.
I earn approx $190.0K per year. My ex is unemployed and could probably only earn minimum wage (no real skills or education). The Judge (downtown Los Angeles) woudl not impye income or even consider the DV conviction (FL Code 4325) or the cohabitation) in Feb 2010 when he ordered Temp SS. I have been paying $4200.00 / month in Temp SS for 1 year.
In the Trial, i plan to make the argument that the ex should receive no SS due to the following:
1) cohabiting (FL Code 4323) rent-free
2) not working / not looking for work
3) I have custody (FL Code 4321 (b)
4) She has a DV conviction (FL Code 4325)
What are my chances?
Should I be trying to "settle"?
I have made her a $1500.00 / month offer for 10 years but she has refused and is demanding $2700.00 / month for indefinitely
1 Answer from Attorneys
It is a long term marriage so spousal support is likely going to be granted. It is difficult to know your chances without having reviewed the entire case. You could offset it with child support and other things.
You are probably going to cost yourself more money by trying to do it yourself instead of getting an attorney. You would probably save the amount in the long run or even few months of paying a lower amount of spousal support.
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