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).
She has admitted in a sworn declaration it is a "romantic relationship and all rent and utilities are provided free-of-charge
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 & 80% time with me).
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 in large part to her her DV conviction.
She has been cohabiting since date of separation (nearly 18 months).
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) would not impute income and said it was "too early in the process" to 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)
I have made her a "10 year / $1500.00 / month offer" but she has refused and is demanding $2700.00 / month for indefinitely.
What are my chances?
Should I be trying to "settle"?
There is almost no "case history" (on-line) for the FL 4325 impact on spousal support?
1 Answer from Attorneys
I'm a Men's Right's Lawyer in Los Angeles and I would suggest that you contact me for a free consultation at a minimum. As you have learned, there are many factors to be weighed. I would urge you to hire a lawyer IMMEDIATELY on this issue. You have a definite need for someone who knows what they are doing.
Your marriage was one of "Long Duration" and that means the court is required to maintain jurisdiction over the issue of spousal support beyond the judgement.
As a lawyer who represents 99% men, I have seen many a man get stuck with lifetime support of an ex. It's not pretty. In my book A Man's Guide to Divorce Strategy, I discuss ways to deal with the many issues of divorce. It is available on Amazon.com, and as an e-book download from my website, www.MensFamilyLaw.com
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