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) would not impute even minimum wage 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"?

If not "zero SS", what are my chances for significantly reduced SS?

I have made her a $1500.00 / month offer for 10 years but she has refused and is demanding $2700.00 / month "indefinitely".

Am I risking more by going to Trial?


Asked on 2/23/11, 6:36 am

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

Given that the court has already considered the arguments regarding 4325 in ordering temporary support and you make a good income it is very likely that the court will order permenant spousal support. (Assuming that the criminal conviction of your spouse was properly presented for the court to consider.) Usually permanent support is less than the temporary order. The court will retain jurisdiction over a long term marriage (10+ years) indefinitely unless the parties agree otherwise. Your offer of $1500 per month gives her no incentive to end the courts jurisdiction. Given your current level of spousal support and your income,the court could well order more than $2700 per month at trial.

It is definitely in your best interests to try and settle.

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Answered on 2/23/11, 9:51 am


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