abusive husband seeks spousal support

[juliarnsmeirat]

What is the name of your state (only U.S. law)? california
my husband is currently out on $100,000 bail for two felony charges of threatening. he paid cash bail and hired a private defefnse atty. he never liked to work. during our 26 year marriage i paid to put him through school to get a bachelors degree and set him up in 2 businesses. both failed because he tried to make them work. only stayed with him cos he threatened to take our children back to Jordan and said i would never see them again. i finally left. he became more abusive and ended up in jail for a month. now out on bail and taking me to court for spousal support. how long do i have to carry this parasite? ANY IDEAS? I am financially hurting too. lost our house. have all debts to pay and putting our 18 year old through college.hardky have a penny to my name and can barely make bills. have a court date 10/22/09 to show cause for spousal support. what do i do/ say?,

[Proserpina]

Originally Posted by juliarnsmeirat

What is the name of your state (only U.S. law)? california
my husband is currently out on $100,000 bail for two felony charges of threatening. he paid cash bail and hired a private defefnse atty. he never liked to work. during our 26 year marriage i paid to put him through school to get a bachelors degree and set him up in 2 businesses. both failed because he tried to make them work. only stayed with him cos he threatened to take our children back to Jordan and said i would never see them again.

Are you both US citizens?

i finally left. he became more abusive and ended up in jail for a month. now out on bail and taking me to court for spousal support. how long do i have to carry this parasite? ANY IDEAS? I am financially hurting too. lost our house. have all debts to pay and putting our 18 year old through college.hardky have a penny to my name and can barely make bills. have a court date 10/22/09 to show cause for spousal support. what do i do/ say?,

It is possible that you will be paying spousal support and possibly for quite a long duration. Was he effectively a stay-at-home Dad? Was he ever the primary caregiver to the child/ren?

Does your husband have any record of domestic violence or abuse against you?

Any at all?

Who was your husband threatening to earn those felony charges?

[Proserpina]

In the meantime:

California Family Code § 4320. Determination of amount due for support; considerations

In ordering spousal support under this part, the court shall consider all of the following circumstances:

(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, 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 and the elimination of the award in accordance with Section 4325.

(n) Any other factors the court determines are just and equitable.

[Gracie3787]

Originally Posted by juliarnsmeirat

What is the name of your state (only U.S. law)? california
my husband is currently out on $100,000 bail for two felony charges of threatening. he paid cash bail and hired a private defefnse atty. he never liked to work.(

Where did he get the money for bail and a retainer for an attorney?