Legal Question in Family Law in California
I am a stay home mom of two who is divorcing after 10 years. I had a career that I left after the birth of our first child (9 years ago). My husband has been unemployed for the more than one year so we have been living off of our limited savings. What ramifications does this have for child/spousal support? Will I receive financial support from my husband once we divorce? How will it be calculated? Thank you for your response.
2 Answers from Attorneys
If your husband is not working and you are not working then its probably not possible to get any support. You could ask the court though to order him to start looking for work, but the same would be asked of you. Your career prospects might be lower than his since, youve been out of the job force for so long. His prospects might be significantly better. Your case is complicated because both parties do not work. Once employment is resumed then the court can calculate support and the higher earner would probably pay some amount to the lower earner to equalize the funds available to both parties.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
If your ex is receiving unemployment, you can get a support order based on his unemployment earnings for now and then have the order modified once he gets a job. Good Luck.
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