Legal Question in Family Law in California

Does she owe me spousal support?
I had a 401K of 50K coming into the marriage. I spent/squandered it on weed and sometimes rent and tuition. I always lied to her about how much pot I smoked. During the marriage she averaged 35K per year as a bookkeeper, I brought in maybe 5K per year as a student or a substitute treacher. In addition, each of the 2 boys were getting 950 a month from the dead bio father's ssi benefits. The agreement was I stay home to watch the kids while she works. I was to get through college, I did. Then get a credential. 3 of 5 terms are cpmplete. She said I drug my feet, which I did. She said she fell out of love with me because I was a slacker. I moved out on August 17. She moved out 2 weeks later, and took the 10 year old. I didn't adopt him. She wants him and I to be in each other's lives, but is reluctant to put it in writing. She fears a penalty if she renegotiates, which I suspect she will. She has another husband/step dad all lined up and is anxious to clear the deck for new family. She is pushing for fast divorce. In the last month I threw gas on the fire. I sent emails and texts telling her she would get hurt in court because California law will award me support. She counters that if I get nasty she will stop allowing visitation of the boy. I fear that, yet don't want to trust her.
What is the best way to give her a divorce, guaranty my visitation with the boy, and not make this a contentious court matter? Thanks

Asked on 9/21/09, 6:48 pm

0 users found helpful

0 attorneys agreed

1. No more fuel on the fire.

2. Hire a good mediator.

Answered on 9/21/09, 7:55 pm

Keywords

Match Any Match All

Country

State

Area of Law