spousel support or work more hours

What is the name of your state? California
I've been married for 10 years 9 months. I have 2 girls, a 9 and 2 year old. My husband decided to leave the house on 5/5/05 for another woman. He has been having an affair for 6mths. He has decided again to only give me $700 a month for child support and nothing more. He has always works 40+ hours a week. I have worked 20hrs a week for 2 years. He averages about $900 biweekly on his checks and my checks are 457.84 biweekly. I can't survive on my checks and $700 a month to keep up with our bills. If I work more hours will that mess me up when I file for divorce? Can I get him for child support and spousal support now with out getting a divorce?

impaula62 said:

What is the name of your state? California
I've been married for 10 years 9 months. I have 2 girls, a 9 and 2 year old. My husband decided to leave the house on 5/5/05 for another woman. He has been having an affair for 6mths. He has decided again to only give me $700 a month for child support and nothing more. He has always works 40+ hours a week. I have worked 20hrs a week for 2 years. He averages about $900 biweekly on his checks and my checks are 457.84 biweekly. I can't survive on my checks and $700 a month to keep up with our bills. If I work more hours will that mess me up when I file for divorce? Can I get him for child support and spousal support now with out getting a divorce?

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get the divorce. Child support is already being given to you without a court order. Get a court order though to protect you and the kids in future times.
You'll want to have a set order for custody.
Getting a more lucrative and steady job can enhance your ability to be self sufficent. The courts will decide what the amounts will be for alimony and child support. Your blessed to reside in a state that allows for community property division. Retain a lawyer to assist on these two separate issues.

If you look at the numbers realistically, he's now paying you (voluntarily) nearly half of his take-home pay. That's actually more than he's likely going to be ordered to pay you for child support through the courts. Even if you're awarded spousal (and it is less and less common these days, especially when the couple is relatively young and able to be gainfully employed), it's not going to amount to a great deal more than what you're getting now from him. AND, it's not likely to be long term support either.

What I'd likely do, in your shoes, is to look for additional hours - either w/a second PT job or w/a FT job, and then have him pay part of the daycare you'll need for the 2yo and afterschool/summer care for the 10yo. You're going to need to fidn a way to become self-supporting.

You may want to get a consultation with an attorney (many offer free ones) to go through the facts & numbers to see just exactly where you would stand, legally.

Also be aware that, absent a court order, he doesn't have to send you anything at all in terms of support/financial aid.