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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17531
Experience:  B.A.; M.B.A.; J.D.
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My wife and I were married years before she left in 2013

Customer Question

My wife and I were married for 6 years before she left in 2013 with our common child who is now 12. At the time my other son from a previous marriage was 14. He is 17 now. I have waited for her to return home, but she is mentally going through a rough time since her 20 year old drug addict son was killed. This is what led to our separation. We have now been married 9 years. She went into a great depression and developed a schizophrenia and bipolar disorder. after 3 years it is obvious she will not return. From the day she left I supported her with as much as I could. She left me with all of the existing bills. I gave her $1500.00 a month, bought her a car $300.00 a month plus insurance. I pay for all expenses for out common son.
I retired and got another job so I make more money now with my new job income and pension. I now give her $3000.00 a month plus the car and insurances. Realistically I give her about $4000.00 a month when all in said and done. There are no court orders for anything I just feel this is fair given my existing bills. She is living with a friend in a town about 110 miles away from me.
I make about $118,000 with my pension and $110,000 a year in my new job. I had the condo before we married, but I put her name on the property when I refinanced. She claims she does not want my home or pension. I have visited California web sites and believe my obligation to my 12 year old child is about $1500.00 a month. Visiting him is not an issue or a problem. I do have a 17 year old that lives with me and all of the bills we had before she left.
I have offered to give her $3,000.00 a month for the next three years and pay her medical insurance until I retire from my new job in 3 years. After that I will give her $2,000.00 month for my 12 year old until he turns 18. She cklaims to be okay with this.
will judge believe this to be fair. With the $3000.00 a month a give her and the $20,000 I pay a year in taxes it pretty much takes up all of my new job pay check. She does have have our son most of the time because I have to work a lot of overtime and on weekends. Like I said seeing my son is not an issue and she and I get along fine. She just has a lot of issues with the death of her son.
Submitted: 9 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 9 months ago.

Whether or not the Judge would find the agreement fair and reasonable will depend on the financial statements submitted to the Court by both parties. If your agreement meets the guidelines, the Court would find the agreement fair and reasonable and approve the agreement. Otherwise, the Court would not. For more information, click on the link below:

http://www.courts.ca.gov/1038.htm

The Court would review various factor to determine whether to grant alimony/spousal support and the amount of the support. Some of the factors that the Court would review are (1) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living, (2) The needs of each party based on the standard of living established during the marriage, (3) The obligations and assets, including the separate property, of each party, (4) The duration of the marriage, (5) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party, (6) The age and health of the parties. See California Family Code Section 4320:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4325

For child support, see California Child Support Calculator:

http://www.childsup.ca.gov/resources/calculatechildsupport.aspx

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