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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My wife and I have decided to seek a divorce after 19 years

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My wife and I have decided to seek a divorce after 19 years of marraige. We have an 8 year old child of which she would like to keep primary custody. She has requested that i move out of our condo so that she may start her new life. Would moving out constitute abandonment? and, what are my responsibilities regarding the mortage pymt, of which I pay completely at this time? Also, what are my responsibilities as far as child support?
Submitted: 8 years ago.
Category: Family Law
Expert:  Jack R. replied 8 years ago.
what state are you in ?
Customer: replied 8 years ago.
We live in Califonia.
Expert:  Jack R. replied 8 years ago.
Abandonment is not related to moving out. Abandonment is with respect to care and contact with you child. So long as you pay child support and have meaningful contact with your child abandonment cannot be found.

As part of the divorce a property settlement must be determined. Your community property will be divided between yourself and spouse. The quity in your home will be determined and someone will get the hoiuse and the obligation to pay the mortgage, the other will get his half of the existing equity. Until the split you should continue to pay the mortgage. The judge may specify this during the temporary hearings. You may be able to credit this against any spousal support that may be awarded during the pendency of the divorce and subsequent to it.

Child support is computed. You can get an idea using the child Support calculator at:

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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