California  |  Family Law

Legal Question

Asked on: 12/15/11, 12:52 pm

My wife is the custodial parent of 2 minor children, her Ex has custody of 1 minor child. His Lawer asked, and was granted a seek employment ordered for my wife. She currently stays home to take care of 5 minor children (my biological children also).

I do not want her to work. How do we stop this order, how do we get her ex to stop injecting himself into our lives.

California, san benito county

2 Answers


Answered on: 12/15/11, 2:21 pm by Timothy McCormick

Your time to stop the order was before it was granted. If you think the order was wrongfully granted, you can file a motion for reconsideration or file an appeal, but neither one is likely to be successful. It sounds like the ex had a lawyer and your wife didn't. That was a big mistake. Realistically, your choices now are hire a lawyer or she finds a job, and even if you hire a lawyer now, you are facing an up-hill battle. Un-doing a loss in court is way harder and more expensive than hiring a lawyer in the first place.


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Answered on: 12/15/11, 2:35 pm by Timothy McCormick

As I think more about your situation, I am really puzzled. Does your wife's ex and his attorney not realize that he is going to have to pay 1/2 the child-care expenses for his two children while your wife looks for work and while she works? Is your wife capable of earning so much that the decrease to the ex's support obligation will be more than the increase due to paying half the child-care costs for two kids? You really need an attorney to look at all the details of this, and perhaps have a conversation with the ex's attorney about how the whole thing will really play out. There may be a simple negotiated resolution to the situation once you have competent counsel.


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