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  #1  
Old 06-03-2005, 06:34 PM
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Join Date: Jun 2005
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CA- Alimony Question


What is the name of your state? CA

I have done a lot of research and know that there is no simple formula for calculating alimony in CA. But I am wondering if you can give me a general idea (I know there are no guarentees).

He makes $50,000+ a year. Over our 10 year marriage he has made between $69k-12k; with $40 being the average. He quit a good job ($50k) to play music (hence the $12k). I finally put my foot down and told him he needed a real job to support his family. During his music years he also racked up $80k in debt. And continued to spend.

I worked part time while putting myself throught college (via student loans not his income). When I had our child I took 2 years off and am only back to work 2-3 days a week, while she is in preschool. I don't like the full time day care idea. Over the course of our marriage my income ranged from $1k (the year I stayed home) to $14k: with $7k being the average. My income was usually viewed as my own to spend. At times we would use it for eating out, vacations, some bills etc. But it was never viewed as supporting the house unless we really needed it.

We are in our mid 30's. Our daughter is 4.

I have the education to make money (Masters degree)- but I feel obligated to my daughter first. He has the track record of making a TON more than me (he is in sales).

I am thinking temporary support is reasonable- until she starts school full time. But I don't know what an outsider might say. Or if a likely range is $100-$300 or $400-$600.???

I know that CA is a no fault but all this is because of his alcohol problem, lack of responsibility (putting family last on his list), and potential cheating (he stays out till 2am). Not sure if any of that makes any difference.

Any concrete examples or amounts from past experience would be greatly appreciated!
  #2  
Old 06-04-2005, 09:26 AM
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Join Date: Jan 2003
Location: Pennsylvania
Posts: 687
CA is a community property state. Alimony can be sought.
Consider re-arranging your schedule so you can be a self sufficient adult who can provide for the child. Seek employment within your degree field.
Seek proper legal counsel.
The judge can (and often does) look at the factor of both parties.
Whichever spouse maintained the household budget whilst the other gained an education will play a key factor.
Child support is an entirely separate issue.

And here is my prediction on what you'll get-
What is allowed by law based on the circumstances of both parties involved.
  #3  
Old 06-04-2005, 10:35 AM
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Join Date: Jan 2003
Posts: 19,143
You are BOTH voluntarilly underemployed. Your child is already 4 - thus there will be no need for "full-time day care" as she'd be starting school, if not already there. My daughter started a full-day 5K at age 5, and had half day K at 4. There is no excuse to stay home FULL-TIME, and certainly within a year or so there'd be NO reason not to work. After school day care for an hour or so is not that big a deal. Or even half days. At four, my kiddo had K in the am, then went to day care where she had lunch, then napped, and was playing in supervised outdoor activitiews from about 2:30-3 on. AS half her time there was lunch and nap, what was so terrible about the opportunity to SHARE programmed, interactive activities with a varaiety of kids after k each day?

The arguement could be made that he enabled to to complete your masters by maintaining the housdehold costs, so you could use your part time money toward ed costs. Now you have the ability to make a sufficient income and fresh job skills, as your education is very recent..
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