Legal Question in Family Law in California
six months ago I moved out of the house in a 28 year old marriage due to constant arguments, verbal abuse, and sexual neglect. He now wants a divorce wich Im fine with it,but he is trying to convince me not to get part of his retirement (he retired from the US Navy 26 years of service two years ago) I refused. He said he spoke to an attorney and was told I have to pay spousal support, car payments, food, mortgage, utilities, and child support for our 16 year old boy, who had to stay with him to continue school. I cannot to pay any. What are my rights? Help Please.
2 Answers from Attorneys
This question deserves a meeting with an experienced family law attorney in an office consultation.
I am going to tell you, if your husband has an attorney you will need one. Your husband is trying to scare you with nonsense so he gets money and he does not have to pay any. Since it appears that you and him were married the entire time he was in the Navy (or pretty close) you are absolutely entitled to 1/2 or nearly 1/2 of his retirement.
Spousal support is so situational dependent that we won't be able to help you much with that
Child support starts after an action is filed so there isn't much there... He had to pay the mortgage to continue living there, he had to pay the utilities, he bought food and is still obligated to support your child that if he seeks any sort of reimbursement it will be minimal anyway.
If you are fighting this much about this and the divorce hasn't even started you are in for a long drawn out mess. You both need to be reasonable, and try and get this done with the least amount of heartache. If you can't afford full representation, there are many of us who do limited representation and other alternative fee arrangements to help you with out breaking you budget or bank account.