In California, question on separation, divorce, child support & alimoney?

01/05/2011 admin 4 comments

I am a stay-at-home mom and am divorcing my alcoholic husband. At present, the alimony & child support I will receive won’t be enough to continue caring for my son full-time. I’ll have to put him in daycare 9 hours a day to make ends meet (I DON’T want to do that!).
Here is the question…My husband is being considered for a new job where he will make $50,000 more per year! If I wait to file for divorce until he starts this new job, will I receive more in child support and alimony? I wonder mainly because we’ve been separated for 4 months and I don’t know if the courts will look at his income at the time of separation or at the time the divorce is filed.
I know some nasty person is going to call me money grubbing, but this is ALL about avoiding putting my young son in daycare all day long when he’s used to being at home with me. I’ll be working full-time as soon as he’s in regular school.
Thanks!

ALCOHOLISM TREATMENT alimoney, California, child, divorce., question, separation, support

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Written by bobbylips about 1 year ago.

Been there, done that. His current income status will be looked at when the divorce is filed.
Written by cmac05 about 1 year ago.

not sure about california but i know for sure ohio, maryland, west virginia, and virginia (ive either gone through this in those states or someone close to me has) it takes his and yours income at the time of the divorce hearing to calculate……then if at any time either ofyou changes jobs the other can petition to have the amount reevaluated. be very careful doing that though they take into consideration both parties changes and it could hurt you.

my husband is military and his child support order was put in place in 2002. we got orders overseas and he got a promotion……his ex found out from her friend that he would get extra money for being overseas (cost of living allowance) in addition tothe extra $400 a month from his promotion. She took him to court and the judge said she wasnt entitled to his cola because her cost of living wasnt changing….as far as his promotion she had changed jobs from waitress to manager during the time….his payment went down by $150 instead of up
Written by curious74432 about 1 year ago.

You will have to use a lawyer for the alimony. However, you can apply with your local child support enforcement agency for assistance in establishing a child support order at little or no cost. The more he earns the more child support you should be awarded but getting an order to help now is important. The child support enforcement agency can seek a modification if appropriate.
Written by leedoglaw about 1 year ago.

My advice is to contact a lawyer. Each State’s laws are different and family law (divorce) varies greatly from state to state. California laws are unique and I would highly suggest sitting down with a California attorney well versed in family law.

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In California, question on separation, divorce, child support & alimoney?

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