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Old 04-10-2000, 09:32 PM
mrfaust
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I live in California. I filed for divorce recently. We have been married 2 1/2 years, one daughter age 5 (I have 2 other children, older). In the paperwork I asked full legal and physical custody, half the bills, and child support. My reasons for divorce (although cannot mention in court due to California law stating no fault divorce) are my husband not contributing financially to family and emotionally/verbally abusive to me and older children. We separated a month ago and he has not attempted to visit his daughter. After we separated he went out and finally got a job. Here is my question: I want to keep all the belongings, my car, get half the bills paid by him, and get child support. He does not want to pay half the bills, wants money equalling half the belongings, is balking at child support. I believe I am being reasonable. Due to his lack of financial support I was evicted because I could not make the rent, which I could have had he gotten a job and helped (I am 99% of the income for the family, and don't get child support for the older children). I want him to pay half what I owe for the eviction, half the utilities. I moved all the belongings by myself with no help from him so I don't think he deserves any money for that. He wasn't there to help, he doesn't deserve anything. I can't afford an attorney. I think the judge may agree with me. I need some advice. Please help!
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Old 04-11-2000, 08:17 AM
rookie
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California is a community property state. You are both equally responsible for the debt and you are both entitled to half of the belongings.

Child support is based on disposable earning of both parents and the amount of time the children are in thier care. Regardless of whether or not you ex is employed, a judge can order that cs be base on his ability to work and past income history or at least minimum wage.

Go to you county clerk's office, some courts in CA has court facilitators or classes to help low income people fill out and file family court papers. Low income persons may also request a fee waiver, available at the county clerk office.

My advise is to settle the divorce as peacefully as possible. It's only money and possesions. In the long run, your peace of mind is much more valueable.
 



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