What are my chances of getting spousal support/alimony?

[andipandi]

I am in CA. About a year ago I was unhappy and left my husband. I hired an attorney just recently and filed for divorce. We were married 6 years and have a 6 yr old child together. I have been living at a friends place that is overseas and will have to soon get my own place by next month. I was laid off in Nov. and my ex just barely started giving me $$ a few months ago. He started giving me only $200 a month, he makes over $4000 a month. While we were seperated he received $$ from a settlement and gave me some of it, but what he gave me paid off our bills that we had accumulated while being married. He thinks the $$ he gave me was enough and that he is done paying me. He has agreed to give me $300 a month but no spousal support. He said he will fight for that. I have decided to work from home so I can be here for my son. Now with that decision I am making less than I was before. But there is a reason I made this decision, his sister is living with him in our home and when my son would spend the night during the week she was supposed to take him to school since my ex starts work @ 6am. Well I found out that she was just dropping him off at the entrance, first of all he is only 6 and he needs to be walked in and signed in. His school is huge, it is a church and a school. One of the girls who works there brought it to my attention. She would do that because she would forget her shoes or would just be too tired to walk him in (she is a bartender who works nights) and also there were a few times she forgot to pack him a lunch. So this is why I have decided to work from home. My attorney said I would get child support but was not sure about the spousal support. I just need your advice. What are my chances of getting spousal support?

[Silverplum]

Originally Posted by andipandi

I am in CA. About a year ago I was unhappy and left my husband. I hired an attorney just recently and filed for divorce. We were married 6 years and have a 6 yr old child together. I have been living at a friends place that is overseas and will have to soon get my own place by next month. I was laid off in Nov. and my ex just barely started giving me $$ a few months ago. He started giving me only $200 a month, he makes over $4000 a month. While we were seperated he received $$ from a settlement and gave me some of it, but what he gave me paid off our bills that we had accumulated while being married. He thinks the $$ he gave me was enough and that he is done paying me. He has agreed to give me $300 a month but no spousal support. He said he will fight for that. I have decided to work from home so I can be here for my son. Now with that decision I am making less than I was before. But there is a reason I made this decision, his sister is living with him in our home and when my son would spend the night during the week she was supposed to take him to school since my ex starts work @ 6am. Well I found out that she was just dropping him off at the entrance, first of all he is only 6 and he needs to be walked in and signed in. His school is huge, it is a church and a school. One of the girls who works there brought it to my attention. She would do that because she would forget her shoes or would just be too tired to walk him in (she is a bartender who works nights) and also there were a few times she forgot to pack him a lunch. So this is why I have decided to work from home. My attorney said I would get child support but was not sure about the spousal support. I just need your advice. What are my chances of getting spousal support?

I don't think your chances are good at all. Your marriage was short. Your decision to stay home is just that, your decision -- you're going to have to deal with the consequences.

[seniorjudge]

Originally Posted by Silverplum

I don't think your chances are good at all. Your marriage was short. Your decision to stay home is just that, your decision -- you're going to have to deal with the consequences.

I think it is 50-50, more or less.

[Silverplum]

Originally Posted by seniorjudge

I think it is 50-50, more or less.

You ALWAYS think it's 50-50!

What are my chances of getting a big smoochy from SeniorJudge???

[fairisfair]

Originally Posted by Silverplum

You ALWAYS think it's 50-50!

What are my chances of getting a big smoochy from SeniorJudge???

about half as good as your chances of getting your eyes scratched out by Mrs. Judge.

[nextwife]

Originally Posted by andipandi

We were married 6 years and have a 6 yr old child together. I have been living at a friends place that is overseas and will have to soon get my own place by next month. :

If you get SS for such a short term marriage, it would likely be very short term.

[seniorjudge]

Originally Posted by fairisfair

about half as good as your chances of getting your eyes scratched out by Mrs. Judge.

Ms Judge is a Cajun with a .38 special.

Need I say more?

[Silverplum]

Originally Posted by seniorjudge

Ms Judge is a Cajun with a .38 special.

Need I say more?

Well, now I feel HOSTILE!

Only chocolate, lovely milk chocolate (perhaps with nuts or nougat or both or caramel or all 3), faithful chocolate can heal my heart now...

[Bali Hai]

Originally Posted by nextwife

If you get SS for such a short term marriage, it would likely be very short term.

Here we go again with the duration of the marriage crap.

Is someone out there willing to explain WHY this is so important??

It appears that marriages of long duration favors the wife and puts the husband at a disadvantage. Of course, I COULD be just imagining this.

[nextwife]

Originally Posted by Bali Hai

Here we go again with the duration of the marriage crap.

Is someone out there willing to explain WHY this is so important??

It appears that marriages of long duration favors the wife and puts the husband at a disadvantage. Of course, I COULD be just imagining this.

Hon, personally, I don't get it either, but that's the law.

In my book, if one spouse gave the other a few years off from working and supported them so they got a break, then the spouse who DID the supporting should be entitled to their X years off in return, but instead the courts "reward" the spouse who gave the other a break from working - by punishing them.

"Fair" would be each doing the same for the other. I gave you a five year break, now you owe me a five year break, if I want it.

[ezmarelda]

Go here [url]http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=All[/url] (copy & paste w/out urls)
and read Div. 9 Parts 1 & 3