Legal Question in Family Law in California

Spousal Support

I'm 59, an RN, with a 15 year old daughter, for whom I receive no child support. I wasn't married to her father and the county can't locate him. I'm divorcing my husband, age 46, after 10.5 years, and he has no children. He owns a music store I helped him start and establish with my paycheck and working as his bookkeeper and webmaster. In addition, I work full time as an RN. He grosses 250K/yr but had a -11k net on last year's taxes due to all of his write-offs. I gross 65K with the standard deductions + medical. He wants spousal support because he's pissed off that I filed a Chapter 7 bankruptcy, debt 109K; our only non exempt assets are in the store. In lieu of an exemption for part of the inventory, allowing the trustee to sell the rest, he is buying the inventory back from the trustee for 25k. We have no real estate. I have a small apt. with furniture, and he has a big storage locker full of the rest of the furniture, in addition to the store, which he has locked me out of. I am not vested in a retirement account. He promised to adopt my daughter but didn't. My standard of living is lower now, and I will have to put my daughter through college, in addition to saving for my retirement. Do you think he will get spousal support?


Asked on 6/21/04, 1:38 am

1 Answer from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Spousal Support

You might want to consider employing a forensic accountant to render a cash flow analysis of the business to get a true picture of funds available for support.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 6/21/04, 9:35 am


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