Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 22
  1. #1

    Default Custody, Child Support and Alimony

    My question involves a child custody case from the State of: California

    My SO is still working his way through a long, drawn out divorce and I'm hoping I can provide him with some answers based on experiences you guys have had with divorce and custody arrangements.

    He lives in CA. I live in MA.

    His ex is refusing to get a job even though their child is school aged (7) and is able to work. Right now, she's trying to suck all the money she can out of him and is trying to garnish his wages. She was a SAHM for the last 3 years. They were married for 10 years.

    What are the chances she is awarded primary custodianship? He's going to try to fight for primary custodianship of their child. He has steady, full-time job, but can't afford two separate households. Right now he is living with his mother until he can find a job in MA.

    How would custody work when he eventually moves to MA? Would he even be awarded primary custodianship if he is intending to move?

    What are the chances she is awarded alimony? How much could she possibly be awarded?

    Right now he's voluntarily giving her half his income (which isn't much, about $1,200 a month) because there has been no official court order, which he believes should cover both alimony and child support. Should he continue to do this or should he cease, knowing that she is refusing to find employment? At the very least, he does want to continue to pay what he would pay per month for child support.

    Any info I could get would be much appreciated. Thanks!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custody, Alimony, and a Slew of Other Divorce

    If Mom has been the primary caregiver, chances are she'll remain that way. His wanting to move to what is literally the other side of the country doesn't exactly bode well.

    Alimony depends on several factors. Child support will be ordered according to state guidelines; he can plug the numbers into any one of the CA CS calculators available online. He should request that Mom is imputed a wage at least equal to 40 hours @ min. wage.

  3. #3

    Default Re: Custody, Alimony, and a Slew of Other Divorce

    Quote Quoting Dogmatique
    View Post
    If Mom has been the primary caregiver, chances are she'll remain that way. His wanting to move to what is literally the other side of the country doesn't exactly bode well.

    Alimony depends on several factors. Child support will be ordered according to state guidelines; he can plug the numbers into any one of the CA CS calculators available online. He should request that Mom is imputed a wage at least equal to 40 hours @ min. wage.
    So mom will be required to get a job? She seems to think she'll be able to live off of child support and alimony payments. This will not be the case, if I'm reading into this correctly.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custody, Alimony, and a Slew of Other Divorce

    No, she will not be required to get a job. The court cannot force her to do that.

    If they've been married for 10 years, California may well consider that a long term marriage and order permanent alimony; although depending on his income this might simply not be feasible. The court won't leave him in poverty, put it that way.

    Is there any reason why you can't relocate to CA?

  5. #5

    Default Re: Custody, Alimony, and a Slew of Other Divorce

    Quote Quoting Dogmatique
    View Post
    No, she will not be required to get a job. The court cannot force her to do that.

    If they've been married for 10 years, California may well consider that a long term marriage and order permanent alimony; although depending on his income this might simply not be feasible. The court won't leave him in poverty, put it that way.

    Is there any reason why you can't relocate to CA?
    I have a 4 year old son of my own with primary custodianship as well as an established career in which I make a good deal of money. I don't believe I can move without permission from my son's father or giving up primary custodianship.

    It's at least good to know that the court won't put him in poverty though.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custody, Alimony, and a Slew of Other Divorce

    But Dad's expecting to do the same to Mom - see where I'm going with that?

    If Dad is going to move to MA, he needs to be realistic - he'll likely be the long distance NCP.

  7. #7

    Default Re: Custody, Alimony, and a Slew of Other Divorce

    Quote Quoting Dogmatique
    View Post
    But Dad's expecting to do the same to Mom - see where I'm going with that?

    If Dad is going to move to MA, he needs to be realistic - he'll likely be the long distance NCP.
    Oh, I do. Absolutely. I was just wondering what the likely outcome would be, and if it's NCP with summers and holidays kind of thing, that's what we were pretty much expecting.

    I wasn't expecting the court to not say she has to get a job though. If his half his income isn't enough to support her household (or his own really), and she is refusing to get a job, how could she possibly get primary custodianship, especially if he moved here with his son, his son would have all his needs covered (I'm more than happy to incur the additional expenses him and his son would necessitate)? It just doesn't seem logical is all.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custody, Alimony, and a Slew of Other Divorce

    The court cannot force anyone to get a job - that would be unconstitutional.

    The court also cannot base custody on the parent's financial situation. The bigger question is why is it in the child's best interest to be removed from everything he's familiar with? School? Friends?

    - - - Updated - - -

    Dad should also expect to be held responsible for the costs associated with visitation. While it's not a given, it's very, very commonly ordered that the relocating parent pay for everything.

  9. #9

    Default Re: Custody, Alimony, and a Slew of Other Divorce

    AH, I didn't know it couldn't be based on financial situation.

    His ex is a bit of a loon and removed from reality, to put it nicely. I didn't want to mention this in fear of looking like the accusatory new girlfriend. His son also wants to come with him to MA because he plays hockey and there are better hockey programs out here. The school system I live in is one of the best in the state, so the quality of his education will also be improved.

    I do understand about family and though. It's honestly a tough situation for everyone involved and I'm just trying to look for answers as best I can.

    - - - Updated - - -

    He's okay with those costs too, as am I if I have to chip in for them as well.

    I do know that my wages cannot be used for child support or alimony payments, if I've been doing my research correctly. I do want to help him out with things where ever I can though.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custody, Alimony, and a Slew of Other Divorce

    That's correct

    Your wages CANNOT be used to calculate child support or alimony unless the court finds that Dad is deliberately underemployed.

    The child is 7 - his wishes will not be taken into consideration (and rightly so, to be honest). The child is also settled where he is. That's a huge burden to overcome, specially because Mom has been the primary caregiver for 3 years or so.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Spousal Support and Alimony: Child Support and Alimony
    By HoosierDaddy in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 01-14-2012, 04:53 AM
  2. Child Support and Alimony
    By pjj5050 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 04-29-2010, 11:42 AM
  3. Modification of Child Support and Alimony
    By mnotwell in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 04-14-2009, 07:23 PM
  4. Understanding Child Support/Alimony
    By Pinklady1966 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 11-14-2008, 05:18 PM
  5. Child Support and Alimony.
    By trying in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 05-08-2006, 05:52 AM
 
 
Sponsored Links

Legal Help, Information and Resources