Legal Question in Family Law in California

My wife of 10 years and 3 month quit her $100K / year job 3 months before she filed for divorce in Oct 08. She left CA and moved to Virgina to start her own business before the divorce was final. She left the kids with me. I paid her $50K as portion of the equity in house (approx 66%) of her half and have a written contract between me and her. She ran out of money and her lawyer told her to move back into "our" home and then fight for custody. My questions. is there a way to fight / recalculate the spousal suppport numbers because now her income is $0? Who is better off in a custody battle, the father who is caring for them or the mother who left and then returned to maybe take them back to Virgina? To make this situation a little harder, I have meet a nice woman in Nov 08 online and dated her in May 09 (after Wife left for Virgina)..Is this considered adultery? and will it hurt my custody fight????


Asked on 9/01/09, 11:36 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

First the court does not care about your personal life, except to the extent that it may adversely effect the best interests of the children. The fact that mother moved out and left the children would be helpful to you. The court in making a custody decision looks at where the children have been living and how they are doing in that home. If you do not have an attorney then you should retain one quickly. .

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Answered on 9/02/09, 2:09 am


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