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Hello again. You have helped me so much in the past with my

divorce matters. I would...
Hello again. You have helped me so much in the past with my divorce matters. I would just like your opinion on something which I do not feel comfortable with: My husband filed for divorce. On his income and expense declaration he wrote that he earned $20 000 per month. He is now wanting to submit an altered one saying he now only earns $16 000 per month. He has sent my atty a settlement offer where he has offered to pay $3500 per month for 9 months (half the length of the marriage). In addition he has offered to pay some of my debt which comes to about $7000. I was dependent on his financially during the marriage and did not work during this time, gave up my career for him etc Another atty (not the one I retained) gave me a print-out from the decimeter/support program which indicated support of $5600 per month - based on his reduced income of $16 000 per month. My monthly expenses WITHOUT HOUSING/UTILITIES/FOOD/GAS comes to $2000 a month alone...and you know what it costs to rent a home in CA. Am I being unreasonable in thinking this is an unfair settlement offer? My atty thinks its fine, but I suspect he just wants to get the case over with and not act in my best interest (as its a legal help center). I could counter- offer or wait for the OSC hearing. Would the judge then see his offer as reasonable? What is your opinion on this please?
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Answered in 52 minutes by:
1/10/2013
AttyCBradford
Category: Family Law
Satisfied Customers: 643
Experience: Criminal Defense and Family Law Attorney serving California Statewide
Verified

AttyCBradford :

Hello!

AttyCBradford :

How long was your marriage? and do you have children?

Customer:

marriage was 18 months and no children

AttyCBradford :

If you are not working, and the total support projected was $5,600.00 a month then I would presume that $3,500 is not a fair and just offer. I would either counter or wait until the OSC hearing.

Customer:

What would be a fair counter? I am concerned that the judge will be very tight?

Customer:

The OSC would be in Orange County and I have a male judge

AttyCBradford :

I would counter for $4,500.00 and see if there is an agreement that the two of you can reach

AttyCBradford :

Also if he wants to modify the income monthly, then ask for proof of his paystubs and tax return for the previous year. Take the YTD gross earning and divide it by 12 months if using taxes, or by however many months if using paystubs

Customer:

In your experience is it better to settle this before an OSC...are the judges in OC less likely to give the full amount due?

AttyCBradford :

Yes it is better to settle this before an OSC, but that doesn't mean that you can't push it to settling it in the hallway. That is where 99% of cases are settled. OC judges actually give out pretty decent spousal support awards in my experience. Are you making attempts to find employment? Do you have any income?

Customer:

I am looking for work. Right now I have only managed to find per diem nursing jobs..so I pick up a patient once or twice a week which gives me about $100.

AttyCBradford :

but that shows you are trying, and that's important when determining spousal support awards

Customer:

do they ask you if you have found a job or if you are looking?

AttyCBradford :

They will give you what is known as a "Gavron Warning" which means that you need to start to find work while receiving spousal support

Customer:

Yes. Of course I have to. Thank you so much for your input.

AttyCBradford :

You are very welcome! if you need anything else please do not hesitate to ask. Please don't forget to accept and provide positive feedback

AttyCBradford
Category: Family Law
Satisfied Customers: 643
Experience: Criminal Defense and Family Law Attorney serving California Statewide
Verified
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AttyCBradford
AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
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Experience: Criminal Defense and Family Law Attorney serving California Statewide

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