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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2431
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Am legally married and i am going through a lot being a

Customer Question

Am legally married for 11years and i am going through a lot being a victim of domestic violence and know verbal emotional, and I want to know how much money would he give me for my 4 children and me he gets pay pretty good but me only helps with 850 a month for rent an bills when he works up to 50 hrs getting a 23-25 an hour I work but my check doesn't really last. What can I do
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
He goes and works in different cities when he comes back he finds any excuse to get mad and leaves and don't come back till the next day afternoon plus I don't want my kids to keep on seeing this . I want to o the correct thing. Plz I need to c what can I do.
Customer: replied 1 year ago.
He spend money in friends and family member but not in us is rear that he spends 60, a week in his kids not in me, to me he doesn't give me any money at all for me for my personal use
Expert:  S. Kincaid replied 1 year ago.

Child support is primarily based on each party's income and the percentage of time each party has the children with them. I'm assuming, based on what you say, that he would have a 0% timeshare once you separate. If he actually had visits, his support would be less, though. To provide you guidance on child support, I need to know what your income is and whether either of you pays for health insurance or childcare for the children.

Customer: replied 1 year ago.
My income is 326.00 a week and now when they enter school I would pay for some one to take them to school to all 4 of the like 120 a week , and he gests pay 23-25 an hour
Expert:  S. Kincaid replied 1 year ago.

If the $326 week is your gross income, and I mark him down as earning $24 per hour 50 hours a week ($5,200 per month gross), indicate that nobody pays for health insurance, you pay for child care and give him a 0% timeshare with the kids, his child support obligation would be $2424 per month. But that could change significantly if the numbers I'm using are wrong. For example, if he gets a 35% timeshare with the kids, his support could drop to $1784. It could also decrease if his income is actually lower or if he pays for health insurance for the kids. I'm also assuming that neither of you is paying child support for children of other relationships. You can use this calculator to try various scenarios.

In a few counties, there is a formula for temporary spousal support. May I ask what county you are in so I can tell you whether there is a formula in your case? (Permanent spousal support never has a formula, but has factors that must be considered.

Do you have any other questions?

Customer: replied 1 year ago.
we live in California I also want to ask you I don't want him to see the kids until my kids and him seperaltly get cousiling and he need to take anger management classes and help so he could stop drinking, or else he won't be allowed to see my kids on till he has all this programs and we see changes. But should I just go the family court to do all this paper work ore the wellfer office what's my next step to star doing all this because am left alone he and I need to pay bills an my salary won't help me much. And those it take a long time so I can star seeing incom help from him?
Customer: replied 1 year ago.
Los Angeles california
Expert:  S. Kincaid replied 1 year ago.

Getting welfare or getting help from the Division of Child Support will only help you financially. It won't give you custody or specify visitation. Sometimes that's preferable because if you file a court case for custody, your ex might get more visitation than you want. On the other hand, without a custody order, there's nothing stopping him from taking the kids whenever he wants.

Los Angeles County does not have a formula for calculating temporary spousal support. So, if you had twenty different judges, you would likely have twenty different decisions about how much spousal support to order. The Court will consider the following factors for long term spousal support:

a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment. (2) The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. (c) 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. (d) The needs of each party based on the standard of living established during the marriage. (e) The obligations and assets, including the separate property, of each party. (f) The duration of the marriage. (g) 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. (h) The age and health of the parties. (i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party's child, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party. (j) The immediate and specific tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties. (m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325. (n) Any other factors the court determines are just and equitable.

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