Legal Question in Family Law in California
My wife wants a divorce. She makes nearly 3 times more money than me. Could I get alimony and child support? We have three children. She can prove that I cheated on her. Does that matter?
2 Answers from Attorneys
California is a no-fault state, so the Court is not concerned with your cheating. I can't tell you about alimony or child support, since I have little information from you. Alimony is pretty situational, and you really need to consult an attorney about the amount you may receive. Child support is basically determined by the amounts you and she make and the amount of time the kids spend with each parent. By the way, when you go to Court for your divorce, do yourself a favor and leave the new girlfriend at home. It's not only tacky to bring her, but it just invites more conflict and will end up costing you more attorney fees, if nothing else.
Ms. Ellifritz answer is entirely correct. I just write to elaborate a bit on support. While alimony is "situational" as she says, with a 3:1 differential in incomes there is a pretty good likelihood of you getting some spousal support. The way child support works, as she says, is primarily a function of incomes and time the children spend with each parent. Although it is impossible to really know what the support would be without running all the required disclosures through the Dissomaster software, here's a rough idea of how it could work. If you have 3:1 income differential and 50/50 custody, she would pay you child support, but if she has them 75% of the time and you have them 25% there would be zero support paid either way, and if she has them 90% of the time and you have them 10% of the time, even though she makes three times as much as you, would likely wind up paying her child support.