Legal Question in Family Law in California

I have been married for 15 years and have been a stay at home mom for the last 12 years. My youngest is 5 and is in preschool half day. My husband makes good money and at this time I do not need to get a job. We are managing to pay the bills while living separately and he gives me money weekly. My question is....considering that we don't need the extra income, is it better for me to go through the whole divorce process and remain a homemaker or should I be looking for a job during the process? I don't have a problem with getting a job although then I would have to hire someone to care for my 3 kids. I guess my question is...how do the courts view a homemaker who is not seeking employment when the extra money is not necessary. I live in Ventura County.


Asked on 1/28/10, 7:53 pm

1 Answer from Attorneys

That is up to your husband, really. If he does not make an issue of it, the courts will not independently make you find or take work. If either of you wants to turn your arrangement into a propery custody and support order, however, and if he then wants to pay only his "fair share" of child support instead of an inflated amount based on you having zero income, the court will order you to seek work. There is a presumption, very strong one, that both parents are obligated to provide financial support to the children during and after divorce. The parents are free to stipulate away that presumption, provided no one is getting public assistance, but if the paying party wants the presumption applied, the other party will inevitably be ordered to find work unless they are incapable of working.

Read more
Answered on 2/02/10, 9:13 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California