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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19498
Experience:  B.A.; M.B.A.; J.D.
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My husband is active duty in the Marine Corps and we have

Customer Question

My husband is active duty in the Marine Corps and we have been married for six years. Our five year old son has severe special needs that require me to stay home to care for him (while I also going to school full time), in addition to taking him to eleven therapy appointments a week along with frequent visits to doctors that are two hours from our military base. Through the stress of our son's disabilities along with four deployments in the past five years, our marriage has run its course. I am wondering if our son's disabilities will have an impact on child support and possibly spousal support. Our son has been deemed disabled through the state of California, he has multiple rare diagnoses, and his condition is not likely to improve. It has been decided between us that it is in my son's best interest for me to maintain full physical custody with very little visitation. So my two questions are: when we file for both the divorce and child support, is it possible to also receive spousal support, considering the circumstances? And will child support be any different for my son considering his special needs and extra money it takes to provide for him (for example: diapering, special diet, medical travel expenses, therapeutic equipment, etc.)?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

So my two questions are: when we file for both the divorce and child support, is it possible to also receive spousal support, considering the circumstances?

Response 1: Yes. You are going to receive spousal support because you are not employed and you are taking care of the child of the marriage with special needs. The Court would review various factors to determine whether to grant alimony/spousal support and the amount of the spousal support/alimony. 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. For more information, see California Family Code Sections 4320, 4330 -4339.

And will child support be any different for my son considering his special needs and extra money it takes to provide for him (for example: diapering, special diet, medical travel expenses, therapeutic equipment, etc.)?

Response 2: Yes. The amount of support would be increased based on the amount that would be needed to take care of him.