Legal Question in Family Law in California

I have been married for 8 years and have one three and a half year old daughter...my husband and I seperated Dec 31st. I worked during the whole marriage until my 8th month of pregnancy and since my daughter was born I've been a stay home Mom. My husband is an Attorney and practices Patent Litigation...he earns about $4,000 every two weeks...I've never been about money at all during the whole marriage...never asked for expensive things. Anyway, since we've been seperated he's been providing my daughter and myself with money every month...and is also paying our condo's rent as well. He and I are sharing my daughter 50/50 as of now I still have her a little more during the day since she only goes to Preschool two days a week part day as of now. So, I've been told by people that I shouldn't look for a job just yet until we figure out what we will decide to do either try again or get devorced for good...because they have told me that once you file for devorce everything freezes and therefore my husband would have to provide the same or similar kind of lifestyle that my daughter and I were living while living with him. So, the question is...I've been wanting to go back to school to study something else besides teaching which is what I did for a living (preschool teacher) but that does not bring much money home to be able to survive. I've been told to better prepare myself and go to school which is actually where my heart is right now...but my husband wants me to get a job to help out financially since it was my decision to leave our home and now he's supporting two households because I asked for time to reevaluate out marriage. He took me off out joint credit card shortly after I left the house and asked me to just use my private bank account an stop using the joint bank account cards because he would give me checks for my own privacy purposes. Also, almost four years ago I signed over the deed of the house to him because I trusted him with all of out house finances and during that time I actually remembered signing the actual form but I don't recall much of anything else except that I never went anywhere to sign in front of any witnesses and or a notary...he had me sign it in my previous rental home...I was 6 months pregnant during that time. Previously about 1 yr before I got pregnant My husband and I were actually in the process of a devorce because of other issues so, maybe the buying or purchase of a house scared him? Anyway, I just want to know if by me working a temp job would affect me in getting less money from my husband to help me out during these rough times. I still want to go back to school and study a two year degree program that I like and get paid more. :I) close to separation I would mention how I wanted to go back to school and he'd say lets talk about it later and of course we never did. So, we have to enroll our daughter in preschool school full time before I start Either work or school. He's asked me more than 3 times to get my own credit car...would that affect me as well in anyway financially? He has given me somewhere around 9-10k including rent which is $1,795.00 per month and plus furniture money etc. he started just this month of March paying me a total of $2,005.00 per month for bills, gas and food which is barely enough because he's also paying me weekly of the amount of $551 per week. Pls help...what should I do?...plus the $1,795.00 of rent.

Thank you soooo much.


Asked on 3/15/12, 1:39 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

You need to set up an appointment with an attorney to discuss your entire situation. As to your education, it makes sense that you would go to school to improve your ability to earn a living. That makes sense for your husband also as the more you earn the less child an spousal support he will pay. Not all judges would agree with me on that point, unfortunately. As to the real estate, I need more information about the transfer to give you any good advice. You may call my office for a free consultation. Good Luck, Pat McCrary

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Answered on 3/15/12, 2:25 am
Brian McGinity McGinity Law Office

I agree with Mr. McCrary in that you need to set up an appointment with a family law attorney and discuss in detail the issues you have. This forum can provide some basic general information. Your questions are very specific and need to be considered within the context of your circumstances.

It sounds like your husband is currently working with you and that he is being reasonable. So don't mention to him that you are making an appointment to see an attorney. It might cause some problems with the way you two are currently cooperating.

It appears from your zip code as though you are in Southern California. Although our firm represents clients all over California, we also refer clients to attorneys when they desire local counsel.

If you have any specific questions or would like a referral to some attorneys, you can contact us through our website at www.brianmcginitylaw.com .

Good luck

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Answered on 3/15/12, 12:53 pm


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