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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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My wife and I have decided to divorce. I am not a US citizen

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My wife and I have decided to divorce. I am not a US citizen or resident (I'm Australian) and I work overseas as a consultant. Currently I am fully supporting my wife and two children in California, as well as covering all family debts as my wife does not work. My wife's budget for her and the two kids is $5500 pcm.(Calculated by her.) On top of this I also pay approx. $2000 in joint debt repayments pcm plus I am covering her school loan repayments - which is not a 'joint debt'.

While I forsee that I can support her like this for a limited time, it leaves me with very little for myself (not enough to rent an apartment or buy a car etc) and I cannot sustain it for long. On top of this, I work in dangerous places and unless I take time off, I will eventually burn out and need to stop working for a protracted period. (It's happened before.)

I'm 44 and my kids are 4 & 2, so I will be paying Child Support until I am 60yrs old!! My concern is that California has a certain notoriety for hitting ex-husbands / divorced dads hard financially. Is there something I should be doing to protect myself? I want a fair deal for all, and especially for my kids to be happy and well cared for.
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question.All you can do here is consider a local California lawyer to file and represent you in this matter.I think that if this is short term marriage five years or less then file here as soon as possible.this stops community property from accumulating and may save you spousal support or limit it here.

Certainly you have rights in all of this.California support here both child and spousal is set by using software called dissomaster.You can get a one time print out here to know pretty much what a court would order.This will give you guidance on what your liabilities are.Also you need to have wife start paying her loan debt by having court award that to her.

Order dissomaster print out here

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Edited by RayAnswers on 11/2/2010 at 3:09 AM EST
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