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03-21-2006, 05:55 PM
| | Junior Member | | Join Date: Mar 2006
Posts: 11
| | | Legal obligations
What is the name of your state? CA
My question is simple, I think! I am currently living with my wife and daughter 16 yr old. I’m filing for divorce this ASAP and moving out. Apart from any negative credit ramifications what are my legal financial obligations? Do I need to continue paying all the bills, wife does not work. I know Ca. is a no fault state so it doesn’t matter what she did or didn’t do. I just need to know what my legal commitments are and how it will affect the judges alimony/child support ruling. We have way more debt the assets. Thank you! |
03-21-2006, 06:01 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,458
| | Quote: |
Originally Posted by arthurweiss What is the name of your state? CA
My question is simple, I think! I am currently living with my wife and daughter 16 yr old. I’m filing for divorce this ASAP and moving out. Apart from any negative credit ramifications what are my legal financial obligations? Do I need to continue paying all the bills, wife does not work. I know Ca. is a no fault state so it doesn’t matter what she did or didn’t do. I just need to know what my legal commitments are and how it will affect the judges alimony/child support ruling. We have way more debt the assets. Thank you! | You already got the answers to this question on this thread:
[url]http://forum.freeadvice.com/showthread.php?t=312825[/url] |
03-21-2006, 06:39 PM
| | | | plus, this is/was the girl that once filled your heart with luv, try and remember those days.
would you really be able to sleep at nights if you left em pennyless, bills to pay, with lil or no prospect for assistance.
it might hurt you now money wise, but when all is said and done, you'll be able to look back and say to yourself, that you did the right thing.
forgive me for intruding in like this, i have no legal advice to offer, but i'm going thru some stuff myself and i share your pain at being in a relationship that is on the rocks. i just felt that i should say that while you are probably gonna get some good legal advice here, there's more to it than just cut and dry legal, at least i think so.
if you have any morality about you, you must do the right thing for them for a reasonable time until they can take care of themselves. it's just the right thing to do.
good luck
mr. naive |
03-21-2006, 07:45 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
| | Quote: |
Originally Posted by Mr. Naive plus, this is/was the girl that once filled your heart with luv, try and remember those days.
would you really be able to sleep at nights if you left em pennyless, bills to pay, with lil or no prospect for assistance.
it might hurt you now money wise, but when all is said and done, you'll be able to look back and say to yourself, that you did the right thing.
forgive me for intruding in like this, i have no legal advice to offer, but i'm going thru some stuff myself and i share your pain at being in a relationship that is on the rocks. i just felt that i should say that while you are probably gonna get some good legal advice here, there's more to it than just cut and dry legal, at least i think so.
No there isn't any more to it than legal. Cut and dry. Go to <broken hearts.com>
if you have any morality about you, you must do the right thing for them for a reasonable time until they can take care of themselves. it's just the right thing to do.
good luck
mr. naive |
Excuse me, I need to vomit. |
03-21-2006, 07:47 PM
| | | Quote: |
No there isn't any more to it than legal. Cut and dry. Go to <broken hearts.com>
| Quote: |
Excuse me, I need to vomit.
| most proffesional, not to mention mature conduct, indeed.
sorry, i'm going to have to let you continue this childishness by yourself.
please forgive my lack of tolerance, but i'm a lil preoccupied with my impending legal problems, and the break up of my marriage.
mr. naive
Last edited by Mr. Naive; 03-21-2006 at 07:56 PM.
|
03-21-2006, 10:57 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,458
| | Quote: |
Originally Posted by Mr. Naive most proffesional, not to mention mature conduct, indeed.
sorry, i'm going to have to let you continue this childishness by yourself.
please forgive my lack of tolerance, but i'm a lil preoccupied with my impending legal problems, and the break up of my marriage.
mr. naive | Bali Hai is not an attorney or a court professional.
Some people here are attorneys. Many people here are not attorneys but are very educated laypersons. Some people here are not attorneys but are court professionals in on aspect or another (even me...lol...I am permitted to represent clients in tax court).
Many people here are simply ordinary people who have "been there, done that". |
03-22-2006, 09:05 AM
| | | | thx Ld... that explains a lot
mr. naive |
03-22-2006, 11:58 AM
| | Junior Member | | Join Date: Mar 2006
Posts: 11
| | Quote: |
Originally Posted by LdiJ You already got the answers to this question on this thread:
[url]http://forum.freeadvice.com/showthread.php?t=312825[/url] |
Where? No one so far has answered my question. |
03-22-2006, 12:01 PM
| | Junior Member | | Join Date: Mar 2006
Posts: 11
| | Quote: |
Originally Posted by Mr. Naive plus, this is/was the girl that once filled your heart with luv, try and remember those days.
would you really be able to sleep at nights if you left em pennyless, bills to pay, with lil or no prospect for assistance.
it might hurt you now money wise, but when all is said and done, you'll be able to look back and say to yourself, that you did the right thing.
forgive me for intruding in like this, i have no legal advice to offer, but i'm going thru some stuff myself and i share your pain at being in a relationship that is on the rocks. i just felt that i should say that while you are probably gonna get some good legal advice here, there's more to it than just cut and dry legal, at least i think so.
if you have any morality about you, you must do the right thing for them for a reasonable time until they can take care of themselves. it's just the right thing to do.
good luck
mr. naive | I'm not asking what to do. I will do the right moral thing. I'm asking legal advice and no one will answer my question. |
03-22-2006, 12:18 PM
| | Member | | Join Date: Jan 2006 Location: Plano, TX
Posts: 708
| | | Seriously? Reread your other thread......alll your questions were answered! Unless you have come up with new ones..... |
03-22-2006, 12:27 PM
| | Junior Member | | Join Date: Mar 2006
Posts: 11
| | Quote: |
Originally Posted by txrose1998 Seriously? Reread your other thread......alll your questions were answered! Unless you have come up with new ones..... |
What am I missing? When I move out, before going to court what are my legal
obligations? Where is the question answered? |
03-22-2006, 12:29 PM
| | Member | | Join Date: Jan 2006 Location: Plano, TX
Posts: 708
| | Quote: |
Originally Posted by arthurweiss What am I missing? When I move out, before going to court what are my legal
obligations? Where is the question answered? | Right here is your answer**************Legally, nothing until the court says so......
My response:
The statutory spousal support duty is tied to the parties' marital cohabitation:
_ "[A] person shall support the person's spouse while they are living together. . ." [Ca Fam § 4301]
_ On the other hand, neither spouse owes the other a duty of support when they are living separate from each other by agreement . . . unless the agreement stipulates to continued support. [Ca Fam § 4302]
IAAL |
03-22-2006, 01:21 PM
| | Junior Member | | Join Date: Mar 2006
Posts: 11
| | Quote: |
Originally Posted by txrose1998 Right here is your answer**************Legally, nothing until the court says so......
My response:
The statutory spousal support duty is tied to the parties' marital cohabitation:
_ "[A] person shall support the person's spouse while they are living together. . ." [Ca Fam § 4301]
_ On the other hand, neither spouse owes the other a duty of support when they are living separate from each other by agreement . . . unless the agreement stipulates to continued support. [Ca Fam § 4302]
IAAL | Thank you! I appreciate your patience. |
03-22-2006, 05:47 PM
| | Junior Member | | Join Date: Mar 2006
Posts: 11
| | Quote: |
Originally Posted by txrose1998 Right here is your answer**************Legally, nothing until the court says so......
My response:
The statutory spousal support duty is tied to the parties' marital cohabitation:
_ "[A] person shall support the person's spouse while they are living together. . ." [Ca Fam § 4301]
_ On the other hand, neither spouse owes the other a duty of support when they are living separate from each other by agreement . . . unless the agreement stipulates to continued support. [Ca Fam § 4302]
IAAL | I've done some homework and it's not that simple. "A person is not liable for support of the other person's spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement" So the way I see this is unless she agrees to this, and why would she I need to support her. I need to read some more cases. |
03-22-2006, 07:26 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,458
| | Quote: |
Originally Posted by arthurweiss I've done some homework and it's not that simple. "A person is not liable for support of the other person's spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement" So the way I see this is unless she agrees to this, and why would she I need to support her. I need to read some more cases. | I will be perfectly honestly with you....I really think that its a mistake not to continue to provide for your wife and daughter, particularly in terms of protecting your credit and credibility with the court.
You may not be required to support your wife and daughter unless/until a judge orders you to do so, but its just going to make things more complicated if you don't. | |
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