Legal Question in Family Law in California

My ex wants me to work full time. I work part time. I have been a full time mother. Do the courts even care? He wants to pay less. He's an attonery. Just what can he make me do. I do have a degree. I could get a min. wage jobe working 40 hours a week, but I worry about my 3 children. My boys are 9, 14 and 17. Even teenagers need adult supervision.


Asked on 6/29/10, 11:56 am

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

The answer is Yes, the court could order you to work full time. The judge will consider many factors, but there is no guarantee the the judge will rule either way. You should retain an attorney. The court could order your ex-husband to pay most of your attorney's fees but you will need a retainer. Good Luck, Pat McCrary

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Answered on 6/29/10, 4:08 pm

The court is required to order you to work up to your reasonable income potential, OR to impute that income to you. If you choose not to work full time, the court can't make you, but they can order that your support be set at what it would be if you were working up to your income capacity.

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Answered on 6/30/10, 12:57 am
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

You can suggest that the cost of paying daycare for the 9 and 14 year old (maybe) should be considered. You cannot force your older children to care for the others for free. I agree, teenagers do need supervision, and you may be able to get an attorney to argue that you would need to pay someone a significant sum to watch three children. If any of them are having behavioral issues that require supervision, I would bring this before the judge. If any of them have special needs, like ADHD, and require extra help with homework, I would even argue that if you have to work, they would need tutoring. Whether the judge accepts the argument or not, I cannot say for certain, but maybe you can make these arguments to your ex to convince him that he may not have as solid a case and may not be considering what would be best for the kids. Many of times I have seen this issue fueled by a new spouse who feels the ex is getting a free ride on money THEY should have their hands on. Sometimes they just need some reasons to give the spouse to stop the griping. Most good dads will stand up for their kids if they feel it is the right thing to do.

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Answered on 6/30/10, 10:21 pm


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