Divorce

[Amon]

What is the name of your state (only U.S. law)? California

My wife and I have been married for 7 years. We were separated for almost a year and got back together 9 months ago. She makes more than I do, almost $6 more an hour. We have hit another rough patch and decided to get a divorce. She now wants sole custody of our son, she wants to move him to arizona and she wants me to pay both spousal support and child support. Do I need to pay her spousal support if she makes more money than I do?

 

[mistoffolees]

What is the name of your state (only U.S. law)? California

My wife and I have been married for 7 years. We were separated for almost a year and got back together 9 months ago. She makes more than I do, almost $6 more an hour. We have hit another rough patch and decided to get a divorce. She now wants sole custody of our son, she wants to move him to arizona and she wants me to pay both spousal support and child support. Do I need to pay her spousal support if she makes more money than I do?

Not likely. You will likely have to pay child support, though, if she has primary physical custody.

You will really need to speak with an attorney ASAP, particularly if you do not want the child taken out of state.

 

[nextwife]

If neither of you is the primary caregiver (as in, you share care giving), there is no reason that she'd automatically have any greater right of custody than you. File for shared custody, or primary, and a move away restriction. Having a certain chromosome does NOT give her an automatic legal entitlement to spousal support. If she makes more than you, SS is a ridiculous idea