Legal Question in Family Law in California
Unusual support question
15 year son lives in another state studying been paying $2500 a mo.since last August. He is doctor and I worked in practice 20 years without pay.
Husband wants to retire at age 51 wants to either sell business or shut it down. Will each have about 500-600,000 Broker says I will have 1800 a month interest to live on and not to dip into IRA because of penalties. I could live off 3000 a month if necessary but have big travel expenses since I visit my son every 3 weeks or so.
He is willing to give me the practice to receive the proceeds (about 1000-2000 a month lately) but that means I would be stuck working 18 hours a day while he retires and travels. Plus I don't even know if the new doctor will be able to maintain the business.
Says he can work again in a new location but I won't be entitiled to his income any longer. He plans to cut his lifestlye to live off 2000 a month and I should also tighten my belt.
Is this true? Do the courts look at how much money we have in the bank in determining if the wife has to pay half of the child support?
2 Answers from Attorneys
Re: Unusual support question
The court can impute income to him if he retires at age 51. In other words, the court will pretend he is still making whatever income he would be making, and base support on that.
Re: Unusual support question
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
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).
NOW, IN RESPONSE TO YOUR INQUIRY --
In California, child support is determined by a complicated formula. However, the main factors are father's income, mother's income, and what percentage of time the non-custodial parent spends with the child. Assets and debts, per se, do not come into the formula except to the extent that they influence income and/or taxes.
Thanks for sharing your interesting inquiry, and good luck with your case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
