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Anyone Know California Law?

kathleen's picture

Submitted by kathleen on Mon, 09/15/2008 - 8:56pm

Hi everyone. Long time no post... Actually, I have a question for a friend of mine I just spent the weekend with. Long story short, she is the bread winner. She makes a lot of money and her husband has not worked for 8 1/2 years. He gets little jobs here and there, but hasn't made any significant impact on their finances. They have two little girls who have been in full time daycare since they were infants. Okay he's been cheating and she is sick and tired of him. So divorce court is next month. They will be married for 10 years 1 month by trial time. He has a lawyer and she doesn't. She thinks that because they live in California she automatically must pay him alimony and child support with a 50/50 shared custody.

I don't know California Law but he is more than able to hold down a job, he just liked the free ride he was getting. She is devastated but wants to do the right thing. Does anyone know anything about California Law and divorce settlements. I told her I would be on her case every day until she got a lawyer but I wanted to be as informed as possible.

Thanks for your help.

Kathleen

Comments

stepup's picture

Submitted by stepup on Mon, 09/15/2008 - 9:30pm

Well, California is a 50/50 custody state. They don't care that he was cheating that's why when all the stars get divorced they're marked "irreconcilable differences" because the court really could care less (no fault state).

There is a clause in there about having the courts assess him a salary based on what his income potential COULD be if he's not working (based on his last salary 8.5 years ago). And there could be a case for that since he wasn't technically a "stay at home dad" because the kids were in full time child care.

My advice to your friend would be to get the records for the childrens day care in hand as far back as she can.. get her hands on proof (w2?) of what his last real job income was (as well as all the income provided on the smaller jobs he worked). I would advice her to GET A LAWYER! Because going in without one is a mistake. And I would advise her to read the family code. It's a pain to wade through, but it was invaluable to me when I was helping my now husband with his divorce/custody/child support issues.

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&h...

Divisions 6-9 are about dissolution of marriage, custody, spousal support etc.

She should read the information and know what the law says, but she should absolutely get a lawyer to help her protect her rights!

Good luck!
Stepup

looking4answers's picture

Submitted by looking4answers on Tue, 09/16/2008 - 11:01am

My BF went through this with BM. He made the money, she had a 'free ride' and chose not to work. The outcome was BF paying almost 2k per month in CS and 50/50 custody (BM lives about 3 minutes from us). She now has a live in BF, who does not work. So, basically, BF had to pay his attorney fees, her attorney fees, and continue the 2k per month to support BM & her lazy BF. Meantime, we still end up buying just about everything the skids need, whether we can afford it or not. It's lame. I agree with Stepup, have her read up on anything and everything she can! Much luck to her!!

kathleen's picture

Submitted by kathleen on Thu, 09/18/2008 - 8:36am

Turns out she might be laid off in the next couple of weeks which would tweak things a bit. I'm trying to push her into getting a lawyer. Her soon to be ex has a match.com ad that states he is an executive, so I guess he believes in himself to make a good living. Poor soul who dates him and finds out the true man.