Legal Question in Family Law in California
I used to work as a live-in careprovider in which my employer provided housing for me and my 2children. During this time I started a romantic relationship with my boss and owner of this business I was working at. To our surprise I got pregnant with his child, and was not given a choice to terminate this pregnancy by choice.My boss/boyfriend insisted that we have the baby, and that we together would look for a bigger place to live all together. My source of income was salary so this meant I would have to quit or get laid off in order to collect a source of income to support my 2kids. I objected to quiting because indeed i'am a hard worker and over the yrs working there, I learned a lot,as well as attending many classes for certification purposes. He agreed to my request to be laid off. We did move and he paid 1year in advance for the monthly rent. I agreed to pay all utilities.To wrap this up, me & him signed a 1yr lease on another place 6mos has passes and the he is expected to pay the remaining 6mos on Sept, 1. All throughout this time mostly after our baby was born, he changed. Hes a heavy drinker, and hides it very well. Except he cannot hide the smell. Anyhow,he has demanded me to move out several times, when hes mad at me which is atleast once a week. During this time he dissappears without a word to me, leaving me texts messages to move out. He has made me so depressed that I needed to see a therapist in which my parents paid for for me to seek some help. I need advice I have a place to live now that my father just bought a house due to his recent divorce. However im worried about this lease i signed with him 6mos ago. He makes atleast 30,000 a month from the carehome he owns. Hes offered to pay 500.00 a month in child support if ever i should leave . I think thats unreasonable considering i left my job and house on his promises he wants to break free from. All in all im ok with atleast the amount i was making working for him which was 1280.00 monthly with free housing. So 1500.00 would be more reasonable rather than 500.00. Please give me any advice on how i can proceed with a possible case?
3 Answers from Attorneys
You should file a paternity petition to establish your boss/boyfriend as the biological father and file a motion to set up a parenting plan as well as support for your child.
You would be entitled to guideline support, as determined by a dissomaster or the childsup calculator located at https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator#
For a mother of 3, one child by him, you having no income and him at $30K, I am getting around $3K per month for support. Legally gather whatever financial documents you can to prove his income before he has the opportunity to play "hide the ball", and leave. If you cannot afford an attorney, contact your local Department of Child Support Services. They will help your child obtain the support he/she deserves.
It sounds to me like you have a potential "Marvin" case as well as the child support claim. You should make an appointment to see a Family Law attorney, like myself or Ms. Kock as soon as possible.