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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I am in the process of Divorce, my Husband moved out over two

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I am in the process of Divorce, my Husband moved out over two years ago and has now cut support. We are due in court for a Temp support hearing which was delayed because i filed a DV order which is now finished..the Judge stated that i was not the intended victim
my 25year old son was and he did not file..so it was dropped. My Mother passed away last year and after clearing out the house I inherited money from her trust, i am currently living in the marital home which i cannot afford as i have not been employed for the last 10years due to health and the economy and age (55).. My husband cut off support in a punishment for filing a DV order..we were married for 29years and live in the state of california. He is a business owner(cash and carry) who has stated he makes $11,000 a month..what can i expect in the way of support?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

There is not an easy answer to the is question. The Court looks at 14 statutory factors to determine what type, if any, of spousal support is appropriate. Some of the things they take into account are the length of the marriage, age and health of the parties, disparity of income and assets, your needs to maintain a similar standard of living, hardships, and possibility of self support in the future. Because your marriage is a long one, you're 55, and your husband makes substantially more than you, you certainly have a good chance to be given some sort of reasonable permanent support that will allow you to pay your bills and stay close to the lifestyle that you currently enjoy.

Customer:

Thank you as i need a lot of help right now. I am concerned that due to my small inheritance i will not receive any temp support and my husband is trying to starve me out.

SoloLawyer :

I understand. How much is your inheritance?

Customer:

It was 60,000 and i have used 30,000 to pay people back that i borrowed money from and living expenses. my husband was giving me 2800 a month and the household bills are around 4,000

SoloLawyer :

I think the Court will most likely order some type of temporary support under that scenario.

Customer:

Would it be likely the same amount i was getting and if not should i vacate the family home or would that be a bad move?

SoloLawyer :

I think you should wait and see what the Judge orders. If nothing has changed, it would make sense that the Judge would reinstate the previous amount.

SoloLawyer :

Does that answer your questions?

Customer:

Okay, thank you..losing faith in the system as it seems that my husband (who had an affair) has not suffered any hardships.. his lifestyle went up and mine and my daughter's tanked and i was left holding the bag as he is hiding money and taking trips galore

SoloLawyer :

I'm sorry to hear that. Rest assured the court will provide for your support. :)

Customer:

Thank you

SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

Customer:

Thank you Michael

SoloLawyer :

No problem! I hope I was helpful!

Customer:

Yes you were helpful in calming me down. The judges in Orange county are hard to understand with regards XXXXX XXXXX judgements

Michael J, Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
My husband is cash and carry business and i need to prove his income,
how will i go about that? Will the Judge look at his expenses and realize he could not pay for all of that with what he say's he makes?

To prove income, you'll need to use discovery to either get him to admit to what he makes or by examining the documents themselves. You can ask for pay stubs, tax returns, investment documents, bank statements, and other financial documents in order to get a clear picture of what he is making versus what he is claiming. Most of the time, it's difficult to prove income for someone who is taking money under the table.

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

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