Legal Question in Family Law in California
I have been married for 21/2 years. I just lost my job. have no kids with my spouse. Had a business that was
given to me from my dad before the marriage. considering we have no other shared property, how much spousal support will she be entitled to after I sell the business? I made roughly $900.00 a month from this business. She also gets child support in the amount of $1300.00. Is that considered community property?
2 Answers from Attorneys
See Family Code Section 4320 regarding spousal support. Because of the short-term nature of your marriage (2.5 years), you will likely be limited in the amount of time you might be required to pay. Spousal support is approximately one-half the length of the marriage. This rule is not automatic but a good guideline.
" I made roughly $900.00 a month from this business. " Earnings that are from your participation in the business are community property, but if you just collected income and profits not from your skill or labor each month then its still separate property (it was given to you by your dad before marriage).
There are many factors for consideration of settling spousal support. You said that you lost your job, does that mean that you are receiving unemployment. I just taught a seminar in El Cajon to attorneys and judges and I can tell you that it is a complex issue. You really should talk to an attorney.
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