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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88750
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My Wife divorced me after 22 years of marriage, She earns $90,000+

Customer Question

My Wife divorced me after 22 years of marriage, She earns $90,000+ annually, I earn $50,000. We have to minor children that I have 100% of the time. She agreed to pay $2100 in spousal support and just yesterday, I was served and now have a court date because she claims she's paying too much. I lost everything in the divorce and ended up being $40,000 in debt and moved to Colorado with the boys to start a new life. Does she have a case? Here bills are $1500 a month where I'm living hand to mouth with my income and would-will be out in the streets with my boys if the spousal support is reduced or cut off.
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
If she agreed in mediation to the support only 3 months ago, then chances are that without a significant change in her circumstances, the court would in almost every case deny the request. The CA child support calculation is not as simple as most states and computer programs are needed which require more information than you can provide in this forum. However, go to https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator/findNewGuidelineCalculation?conv_instance=d94300cc-7ba3-4caf-9914-d0c9d2966e70&conv_id=none and you can put in the numbers to see what she should pay in child support. You should also consider filing a counter motion against her for spousal support based on the incomes.

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Customer: replied 3 years ago.

The link you gave me is dead. I recently did get a job but I can show that I am not making enough to pay the bills and feed the two boys that I have 100% of the time.

 

Are you not experienced enough in California state child/spousal support law to help me? The reason I ask is because I am in dire straits here and stand a very good chance of being out in the cold with my two young boys in Colorado, where I moved with the boys and it's snowing and a normal 20 below winter.

Expert:  Law Educator, Esq. replied 3 years ago.
Try cutting and pasting this link: http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx

I also do not appreciate your insinuation. First off, when you see all of the numbers required which I do not have and are not appropriate to put on the internet you will understand. If you want to put your 1040 and hers on the internet for all to see all of the numbers, that is certainly the only way I could calculate it. Second, we have software besides the calculator I gave you which costs use thousands of dollars to access and is well beyond the scope of this service.

Also, I understand your situation and the frustration, but some parts of this service you must help yourself and this is one because you need to put the income numbers into the support calculator not me.
Customer: replied 3 years ago.

That was not an insinuation; I have a court dat in California and was wondering if you would be willing to take me on as a client. I was only asking if this (Cal. Law) was your area of expertise.

 

My apology.

Expert:  Law Educator, Esq. replied 3 years ago.
My apology for misinterpretation, it is the terms of this site that strictly prohibit us from taking on representation of anyone from this site.

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