Legal Question in Family Law in California
I'm not sure what I should do...
I've been seperated from my husband for about 4 years. Our son has been solely with me since the seperation. Up to this point he pays me $800 a month plus my rent since I left. He now says he's no longer going to pay my rent. He works for the studios and makes over $250,000 a year. I have no idea what I should do next. I know I need to file for divorce but I don't have the finances to get a lawyer. Is there anyway to get him to pay child support without getting a lawyer? We also had a home together before I left. It was put in his father's name due to credit problems, but we paid all the payments. When the house was sold there was a large amount of equity that came out of the sale. Am I entitled to any of that?
4 Answers from Attorneys
Re: I'm not sure what I should do...
Answer Part 1: CA law allows the court to equalize resources for legal representation. If there is a large income differential between you and your husband, which it sounds like there is, it is likely that the family law court will order your husband to pay all or some of your attorney's fees. Experienced family law attorneys routinely take cases such as yours with no retainer and bring a motion for fees up front.
Re: I'm not sure what I should do...
Answer Part 2: Your financial interests here are substantial and go beyond child support. In addition to a possible right to spousal support, you need to take legal action to protect your interest in the equity from the property. Any attorney would need to know more to comment on the extent of the interest, but it sounds like you do indeed have an interest. You also have an interest in his 401k and any other financial interests accumulated prior to separation (which, by the way, is a a legal concept and may or may not have been on the date you believe it occurred.)
You need to stop squandering your rights and take action, starting with a consultation with an experienced attorney. I would be happy to speak with you.
Re: I'm not sure what I should do...
P.S. Child support in LA County is handled through the county department of child support services, not the district attorney's office. There is a link to DCSS from the links page on my website. But it is preferable to seek support through your divorce, at the same time you seek custody orders. Otherwise, you end up with two separate actions in two different courts and it makes your case more cumbersome in the long run.
Re: I'm not sure what I should do...
Go to your local child support office. This is usually through the District Attorney's office. If you open a case with them, they will handle collection of child support at no cost to you.