Legal Question in Family Law in California
Abusive Spouse expects Support
I am married 9 years to an abusive alcoholic that has basically failed at every attempt to hold down a job or start a business (he has started a few businesses to no avail) he was a teacher for 23 years and was forced to resign, and ever since, he has become increasingly abusive as the years go on. I have to get away from him, but am terrified of losing income to spousal support. Does my documented instances of physical abuse help me? Does his sheer laziness to find work still mean I have to pay? Will a judge take into account that this man with a Master's Degree who has been beating me for years deserves nothing but a swift kick? Thank you in advance-
5 Answers from Attorneys
Re: Abusive Spouse expects Support
It sounds as if there is good cause for an equitible decision itn your favor. Call me directly at 16192223504 - 18 yrs. exp.
Re: Abusive Spouse expects Support
Temporary spousal support for the 6 months it takes to get divorced is based upon a formula that is strictly based on income. You can argue for attributed income based upon ability to earn but if he has lost his ability to earn due to his alcoholism it might be a tough sell. The abuse is not a factor in calculating temporary support. As painful as it may be to have to contribute to his support it beats staying together. You should get an attorney who will be diligent in getting you through this as quickly as possible. Insist on a marital settlement agreement being negotiated and be ready to compromise to get this behind you. The law is designed to deal with the parties in a fair and equitable way and does not really give anyone an advantage because they were the "good" spouse.
Re: Abusive Spouse expects Support
You may well have exposure for payment of alimony. You should very definitely retain an attorney to assist you and the attorney can make all necessary arguments regarding abuse and your husband's ability to earn. I strongly suggest that you do not attmpt to resolve this yourself without the assistance of counsel.
Regarding spousal support, please refer to the Family Code, including, without limitation, sections 4320, 4325. Also review section 4331 regarding examination by Vocational Training Counselor.
Regards,
Damian Nolan
Re: Abusive Spouse expects Support
Spousal support is discretionary! However time is of the essence. If you wait to initiate proceedings past the 10 year mark, your marriage will be considered a long term marriage which has huge ramifications on the spousal support issue. Check out the family law section of my website listed on this site or divorce-legal.net . I will also give you a free consultation on the phone. Contact me through my number on the website.
Thanks
Re: Abusive Spouse expects Support
In San Diego County the judges use the guidelines very loosely. You did not state what your income is and therefore I cannot really tell you what you may expect with respect to spousal support. The judge will consider all of the issues that you have listed, but much may depend upon which judge you are assigned to. You may call my office for a free consulation and I can give you a more acccurate answer. Good Luck, Pat McCrary
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