Legal Question in Family Law in California

Re: Thinking about DIVORCE

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The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

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Reply: Thinking about DIVORCE

You need to consult with a qualified family law lawyer. It may be possible to secure his community property interest in the marital assets to pay his child or spousal support obligations. Also you need to know that it is not likely that the child support will end up being the same amount per month for each child! There are specific issues that you need to go into detail on before you make any decisions, including a child and spousal support estimate.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

Re: Thinking about DIVORCE

Let me try to give you some more specific answers.

Regarding support, your husband will hardly be the first deadbeat the judge has had before him claiming that he has no income. You will be able to tell the judge that he said he would work under the table. You would also be able to show what kind of income you two had before the separation. How about those loan applications? Further, income can be imputed to him if he claims he is not working.

You might want to keep both kids together, with you.

The foregoing also applies to spousal support.

The house: What you are referring to is commonly called a "Duke" order or a deferred sale of home order (DSHO). Duke was a case that allowed for forcing the out-parent to wait for his money. It was codified, and modified, by the legislature. This is a difficult order to obtain, as you have to show that the harm to the children in moving outweighs the harm to the out-spouse in having to wait years and years for his money and give up the right to invest his share as he sees fit (rather than investing in your house).

You'll also want to consider if any separate property money went in to the house (inheritance, gift, etc.).