Legal Question in Family Law in California

if a man divorces his wife and she is non working stay at home mom who claims she is disabled and cannot work but wont file for disability be eligable for alimony? can she then turn around and move out of county or out of state and have the ex husband still responsible for alimony and child support if she takes the kids away.


Asked on 3/01/12, 7:18 pm

1 Answer from Attorneys

If she has been a stay at home mom she does not qualify for workers disability. If she qualifies for but refuses to apply for Social Security disability, the husband can ask the court to calculate support based on if she was collecting it. If she is not actually disabled, the court can also give her a choice to try to find work or have support calculated as if she was working at whatever she could earn if she tried. Custody of the children and move away orders have nothing to do with support, except that child support includes relative custodial time in the calculation, but the determination of where the children live, who has visitation, and whether one parent can move away with the kids, has nothing to do with who makes money and who doesn't. Custody and move-aways are determined on the basis of the best interests of the minor children. If it is in the best interests of the children to allow her to move away and take them, then yes, the ex husband will be paying a lot of support.

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Answered on 3/01/12, 9:07 pm


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