Legal Question in Family Law in California

Support/Domestic Violence accusations

My wife and I have been seperated for over a year, we have two children together. While married I was a stay at home dad, my wife made more then enough to support us comfortably. I had part time jobs at night b/c she refused to hire someone to watch our daughter so I could work normal hours during the day. I even lost two jobs b/c I had to bring my daughter to work with me. After I left her, I begain looking for work and have only been able to find entry level work b/c of the 2 years of non work on my resume. I have made numerous attempts to work out child support with my wife, but she refuses to talk to me about it and she refuses to let me see my children untill after the court hearing claiming that I abused her and I abuse drugs and alchol. Neither of these accustaions are true and she has no proof. She also claims we seperated because of domestic violence, which is not true, I was the one that left her and it had nothing to do with physical violence. I have never hit her in my life and I can barely afford child support, any advice? What am I looking at in court?

Asked on 4/17/06, 4:00 pm

1 Answer from Attorneys


Re: Support/Domestic Violence accusations

You absolutely need an attorney! Call the county bar association or see the family court facilitator to get a referral. You may ask the court to award you atorney's fees. You also should be seeking spousal support. As far as child support goes you need to have your attorney calculate guidelines support. If the number differs from what wife is demanding then you let the judge decide. The domestic violence accusation needs to be addressed as well. If it is completely untrue you need to make her present some evidence. As difficult as it may be to swallow your pride and take an entry level job that is what you may have to do. An employer doesn't have to shell out while you get back up to speed. Also, if you don't have a problem with drugs or alcohol try being clean and sober for the duration of the divorce. A men's support group may be helpful, extended family, church, AA etc even if that's never been your style. The danger in these situations is that you lean on your children for emotional support even if you think you're not.

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Answered on 4/18/06, 4:59 pm

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