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Need advice with child support spousal support separation

divorce questions JA: Because family law...
Need advice with child support spousal support separation divorce questions
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Answered in 17 minutes by:
6/1/2017
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 12,421
Experience: Knowledgeable in all aspects related to family law matters.
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

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Customer reply replied 5 months ago
I just sent s long question, can you see it?

No I cannot see it. Can you please repost it?

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Customer reply replied 5 months ago
cancel the phone call request please
Customer reply replied 5 months ago
my wife left me last month. She says she...
my wife left me last month. She says she wanted a separation but now that I'm not giving her the amount of money she asked for she is threatening to go to court. We have one son and he is 2.5 years old. Not in school. Also she's threating spousal support, we have only been married for lessthan 4 years. Also she has moved into an apartment but refuses to provide me with the address or let me see it. She is not an American citizen if that matters. Please help! I don't know what to do. I've never been violent towards her or my boy and never been arrested for anything. I need to know what my rights are and what to do to protect myself and son. Thanks

What is her immigration status?

Where is your son?

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Customer reply replied 5 months ago
Well when we married we got her naturalized but she was illegal before that and my son is here, but as I said she got hooked up with an apartment but won't tell me where

Thank you for your patience. Your answer is below. When you see the option to rate, please do so with a positive rating of 4 or 5 stars. Otherwise, I do not get credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: If she naturalized, she is a US citizen. It would not matter anyway.

As far as your rights are concerned, I don't know what you mean. She cannot demand that you pay her anything. If she wants to file for divorce, that is her choice. And in the process she might claim spousal/alimony support and seek it from you.

As far as the child, again, she cannot just take the child from you. She can, however, seek custody, as a result of the divorce. The decision about custody always takes the best interests of the child into account. It cares far less about the parents' wishes than it does about the child's interests. Investigations are done when it comes to allegations of abuse. And courts are aware of human nature and the likelihood that one party is seeking revenge on another by claiming abuse. They will not just take her word for it.

For now, I think the best way forward, if you know the marriage is going to end anyway, is to start divorce proceedings yourself, including seeking custody of the child.

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

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Longhorn Lawyer
Category: Family Law
Satisfied Customers: 12,421
Experience: Knowledgeable in all aspects related to family law matters.
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Customer reply replied 5 months ago
Great thank you. Is there any ballpark figure on how much I can expect to pay child support, worst case? Also I don't want to divorce her I love her and want to try and work things out but she's not currently on the same page with that. Anyway, am I making a mistake giving her any money at thus point? I still feel obligated to provide for my child's food diapers etc. I will give yiu 5 stars but I have more question.
Customer reply replied 5 months ago
Great thank you. Is there any ballpark figure on how much I can expect to pay child support, worst case? Also I don't want to divorce her I love her and want to try and work things out but she's not currently on the same page with that. Anyway, am I making a mistake giving her any money at thus point? I still feel obligated to provide for my child's food diapers etc. I will give yiu 5 stars but I have more question.

No, I can't give you a ballpark figure. That is determined by the state legislature. There are usually child support calculators available on the state child support website. I would contact them for a ballpark figure.

As far as making a mistake, it could be used in the calculation for spousal support (maintenance), if and when she requests it. You are welcome to do that, just be aware of what it might mean for you down the line.

As far as feeling obligated to support your child, I don't blame you. But if the child is with you now, you can do that on your own, without sending her money. And if a divorce does happen, child support will be considered.

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