petitioners modification

[masterlee]

What is the name of your state (only U.S. law)? I am in California and i have been served by my wife for a divorce and she want phyical custody of the kids it is a fairly simple divorce , it is irreconciable differences , i am on unemployment which is about 1800 per month she makes about 1500 she wants physical custody of all my boys, i have one 16, 13, 7, and i live in a one bedroom apt i want split custody and physical custody 50/50 can the courts keep me from having that because i live in a 1 bed room apt ? she also wants 200 per month spousal support besides child support , she has retirement as well any suggestions what is reasonable child support and i am assuming she wont get alimony can you please give me some advice
Thank you

[CourtClerk]

Originally Posted by masterlee

What is the name of your state (only U.S. law)? I am in California and i have been served by my wife for a divorce and she want phyical custody of the kids it is a fairly simple divorce , it is irreconciable differences , i am on unemployment which is about 1800 per month she makes about 1500 she wants physical custody of all my boys, i have one 16, 13, 7, and i live in a one bedroom apt i want split custody and physical custody 50/50 can the courts keep me from having that because i live in a 1 bed room apt ?

No

she also wants 200 per month spousal support besides child support , she has retirement as well any suggestions what is reasonable child support and i am assuming she wont get alimony can you please give me some advice
Thank you

Can't answer that because there is not nearly enough information. CA has their child support calculator online, google it and use it. As for spousal support, too many variables to figure out online.

[LdiJ]

Originally Posted by masterlee

What is the name of your state (only U.S. law)? I am in California and i have been served by my wife for a divorce and she want phyical custody of the kids it is a fairly simple divorce , it is irreconciable differences , i am on unemployment which is about 1800 per month she makes about 1500 she wants physical custody of all my boys, i have one 16, 13, 7, and i live in a one bedroom apt i want split custody and physical custody 50/50 can the courts keep me from having that because i live in a 1 bed room apt ? she also wants 200 per month spousal support besides child support , she has retirement as well any suggestions what is reasonable child support and i am assuming she wont get alimony can you please give me some advice
Thank you

I am not sure that I agree with CC that having a 1 br apt could not impact a potential 50/50 custody split. It would not impact standard parenting time, but some judges might feel its not an appropriate living arrangement for 50% of the time.

[CourtClerk]

Originally Posted by LdiJ

I am not sure that I agree with CC that having a 1 br apt could not impact a potential 50/50 custody split. It would not impact standard parenting time, but some judges might feel its not an appropriate living arrangement for 50% of the time.

And I'm telling you I see it happen all the time... in CA. There is nothing in the law that prohibits it. There is nothing in the CA Bench guide that speaks negatively of it, there is nothing in any Judicial Family Law manual that I've read that speaks negatively.

And as I have heard a judge say quite recently. I wouldn't hold it against you if you were an intact family if it's the best you could do, I won't hold it against him now.

[LdiJ]

Originally Posted by CourtClerk

And I'm telling you I see it happen all the time... in CA. There is nothing in the law that prohibits it. There is nothing in the CA Bench guide that speaks negatively of it, there is nothing in any Judicial Family Law manual that I've read that speaks negatively.

And as I have heard a judge say quite recently. I wouldn't hold it against you if you were an intact family if it's the best you could do, I won't hold it against him now.

I don't doubt at all that you do see it all the time. I am just not certain that you can assume that every judge, in every county of CA would agree with what's the norm in your county.

After all, not everyone gets a true 50/50 split. Its a lot more frequent than it used to be, but its still not the norm.

I also think that dad would find out very quickly, that life wouldn't be pleasant with two teens and a 7 year old in a one bedroom apartment. On weekends it would be like a party...on school/work days it would be he11.

[CourtClerk]

Originally Posted by LdiJ

I don't doubt at all that you do see it all the time. I am just not certain that you can assume that every judge, in every county of CA would agree with what's the norm in your county.

After all, not everyone gets a true 50/50 split. Its a lot more frequent than it used to be, but its still not the norm.

I also think that dad would find out very quickly, that life wouldn't be pleasant with two teens and a 7 year old in a one bedroom apartment. On weekends it would be like a party...on school/work days it would be he11.

And if it's the best that he can do with whatever situation he's in, then it is what it is. Afterall, intact families find themselves in the same position, ESPECIALLY NOW with the job loss, income loss and high cost of living here. Let's not discourage the man. As I can't speak for every judge in every county in CA (oh, and I have worked in 2 counties), YOU can't say

some judges might feel its not an appropriate living arrangement for 50% of the time

. I think I know a lot more judges in CA and have sat through more classes and seminars on the subject in this state than you have. Heck, I was at one less than 30 days ago.

[mistoffolees]

Originally Posted by CourtClerk

And I'm telling you I see it happen all the time... in CA. There is nothing in the law that prohibits it. There is nothing in the CA Bench guide that speaks negatively of it, there is nothing in any Judicial Family Law manual that I've read that speaks negatively.

And as I have heard a judge say quite recently. I wouldn't hold it against you if you were an intact family if it's the best you could do, I won't hold it against him now.

I think there's an important point which is being missed, as well. He's making $1,800 per month and can only afford a 1 BR in CA. She's making $1,500. Where is she living? You can bet it's not a mansion.

If he gets primary physical custody, he'll also receive child support. However, he really needs to find a job which pays more than $1,800 per month and hopefully end up in a larger place - even if the court doesn't care.

[CourtClerk]

Originally Posted by mistoffolees

I think there's an important point which is being missed, as well. He's making $1,800 per month and can only afford a 1 BR in CA. She's making $1,500. Where is she living? You can bet it's not a mansion.

You've got a very good point there. I missed that.