Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My wife and I were married years before she left in 2013…

Customer Question
My wife and I were...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 20 minutes by:
2/15/2016
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,030
Experience: B.A.; M.B.A.; J.D.
Verified

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

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,030
22,030 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
If my wife file for alimony, we have 12 years of marriage,
If my wife file for alimony, we have 12 years of marriage, if in a short feature she will earn two or three times my wage, could I ask in these near feature that now she gives me alimony. My question … read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 satisfied customers
We are in agreement to change the spousal support amount in
We are in agreement to change the spousal support amount in our Final MSA of 2016 the allows for the parties to do that. Do we need any other form besides FAM 024B which has the stipulation and order … read more
LegalGems
LegalGems
Juris Doctorate
12,293 satisfied customers
When you file for divorce does spousal support retro to the
When you file for divorce does spousal support retro to the date you file or when you left? I've been gone 7 months because of a domestic situation but am contemplating filing. I'm also 7 months pregn… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,496 satisfied customers
Can my husband be required to pay spousal support or any
Can my husband be required to pay spousal support or any form of assistance prior to divorce being finalized… read more
Sue
Sue
Juris Doctorate
527 satisfied customers
What diff between apl and spousal support. At family court
hi JA: Hi. How can I help? Customer: what diff between apl and spousal support JA: What steps have been taken? Have any papers been filed in family court? Customer: at family court yesterday JA: Famil… read more
LegalGems
LegalGems
Juris Doctorate
12,293 satisfied customers
We're separated four years. Now she wants child support.
We're separated four years. Now she wants child support. We've been sharing custody 50%-50%. She's 46, Wellesley grad, year at Oxford. I'm an MFT, 71. Her income is from eBay. Four years ago she was m… read more
Jessica B
Jessica B
Juris Doctor
1,307 satisfied customers
23 years of marriage is alimony required. I have the
23 years of marriage is alimony required. I have the potential tomake more Husband is on SS x 6 + years. He no longer wants to be married. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,220 satisfied customers
I think my wife is demanding too much spousal support, how
I think my wife is demanding too much spousal support, how can I be sure? … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,124 satisfied customers
The spousal support laws for IRS are changing in 2019. I'm
The spousal support laws for IRS are changing in 2019. I'm wondering if the new law would still be seen as income while renting an apartment or can the landlord deny the apartment based on the IRS tax… read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 satisfied customers
Im in a divorce, we haven't had child support or alimony
Im in a divorce, we haven't had child support or alimony payments set yet. If i am living with another woman, can her income be used against me in Louisiana? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
In Idaho, does spousal support end if spouse re-marries? It
In Idaho, does spousal support end if spouse re-marries? It was not specified in divorce decree, we are mid 70's with no kids.… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
If you are separating in a marriage can you get out of a
If you are separating in a marriage can you get out of a lease … read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 satisfied customers
In New York State, is both alimony and child support based
In New York State, is both alimony and child support based off NET or GROSS income?Additionally, if it is NET, does the NET include all taxes? All federal, NY State,local income taxes in 2018?… read more
LegalGems
LegalGems
Juris Doctorate
12,293 satisfied customers
If I was paying child support and alimony to my ex and now
If I was paying child support and alimony to my ex and now my daughter is living with me does my ex now have to pay me child support? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Paid alimony and child support year. At the end of year
Paid alimony and child support year. At the end of year recalculated payments as per agreed up on percentage of alimony payments. Due to payroll cutoff dates and severance payments, about $2500 was pa… read more
Sean K
Sean K
Attorney/Member
JD
776 satisfied customers
Have a question about alimony and child support paid in
Hi have a question about alimony and child support paid in excess and at the end of year … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,340 satisfied customers
I am divorced alimony and child support 1 child was included
I am divorced alimony and child support 1 child was included in the agreement i am self employed several months ago my biz had gone down in money the case is up for review in May after 3 years of me p… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
Questions on setting writing up a spousal support (alimony)
Questions on setting writing up a spousal support (alimony) waiver prior to getting married in Florida … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,340 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x