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Question

getting a divorce after 22yrs of marriage.My husband earns twice as much as I do. He pays the mortgage,I pay all bills.Have 2 children at home 16yrs and 19yrs he goes to local college.Now my husband wants me to pay half the mortgage and I live in the house he moved out 10 months ago.Still paying all bills....HOW MUCH ALIMONY and CHILD SUPPORT SHOULD HE PAY ME IN CALIFORNIA>

Submitted: 18 days and 11 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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State/Country relating to Question: California

Already Tried:
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Accepted Answer

Thank you for your question.

What follows may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the the content of an answer is restrained by the truth.

Child Support
Unfortunately, California does not have a statute that allows a court to require support payments for a 19 year old in college. However, the court can order child support for the 16 year old in accordance with child support guidelines. While your order may vary, California provides a child support calculator to help you estimate the amount you should receive in child support. The calculator helps to account for your particular financial situation and that of your husband.
http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx

Alimony
It is really is impossible to provide an estimate for alimony (also called spousal maintenance), as this requires a great deal of judicial discretion. However, I can provide you with information about alimony and how it is determined.

When evaluating the possibility of alimony, courts generally look at the following:
1. Duration of the marriage;
2. Needs of one spouse;
3. Ability of other spouse to pay;
4. Distribution of marital assets;
5. Child support already required of paying party;
6. Ability and time required for needy spouse to obtain education/training to enable the party to be self-sufficient;
7. Standard of living during the marriage;
8. Age, and physical/psychological health of the parties.

Courts will then determine whether to establish temporary alimony so that a receiving spouse can improve earning prospects or permanent alimony if the receiving spouse does not have such an opportunity. It is worth noting that alimony can usually always be modified based on a material change of circumstances of either party.

You will want to retain an attorney to assist you in seeking child support and alimony, as legal representation can make a substantial difference. Further, you will want your attorney to assist you with the process of negotiating the distribution of marital assets.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

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Expert: T-USA
Pos. Feedback: 98.8 %
Accepts: 
Answered: 11/5/2009

Attorney

Licensed FL Attorney

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