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do my own divorce in ca?
I've been separated from husband for 2 years - he hasn't paid any child support for our (now almost 18 years old) son nor any spousal support. He makes $120/base plus commission, so about $170/year. I went from bringing home $850/month 2 years ago to averaging $1500/month last year, to making $30K/ year starting 2 months ago. He's just now agreed to give me $1000/month to help me pay our $1800/m rent. We had a notarized agreement stating we were separating and he was to pay me $1000 month back in June 2011. Never happened.
I've spoken with 2 family law attorneys - they, of course, recommend I retain them for $5K to file on my behalf. I don't have the money now. They tell me we can ask courts to make him pay $1k month retroactive to 2011, plus spousal support plus my attorney fees.
I don't want him to have to pay anything extra beyond child support retro, and my support for half of our marriage (I gave up my career to raise our 3 children). Could I just file on my own and save us the cost of the attorneys? Anyone ever do that in CA? Any suggestions? (I have the book n how to do your own divorce in CA)
I'm not interested in being vindictive; I do want to make sure he is court-mandated to pay, since we had a notarized agreement before and he went back on his (notarized) word. Thank you!!
1 Answer
- SofttouchmaleLv 78 years agoFavorite Answer
I don't know where you live in California but obviously you can't swing rent and a lawyer on $30k a year, especially if you live in a big city.
You own 1/2 of the marital estate plus 1/2 of his earnings so long as you can establish that the separation was not originally intended to be permanent.
The notarized agreement unless a court entered an order, isn't necessarily enforceable but its evidence of his intent to support you and the kids.
I think the lawyer you talked to is correct that you need to ask for more. So please hire someone competent to rip into your husband's salary and anything else he's got in his possession so you get 1/2 and have enough to support the kids. $30k a year aint diddly in old Callie.
Source(s): Licensed in California.
