Divorce In California

[Cali209]

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

I am a father of 3 children who is divorcing/seperating my wife of 8 years. We have irreconciable differences surrounding some problems we had in the past and I need to know what steps I should take to do this.

Here is my current situation:

I am still living with my spouse and children. Tension continues to rise on a daily basis when I get home from work. I have been trying to avoid conversation, because even our rational planning convos don't get anywhere. Or I should say we agree and make a plan and the next day she renegs on everything we talked about.

She is threatening massive amounts of child support that don't seem real. How can I determine an accurate amount of what child support would be? Because of the economy I am just now reentering the workforce and I'm only making about $1,400 per month.

 

[Isis1]

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

I am a father of 3 children who is divorcing/seperating my wife of 8 years. We have irreconciable differences surrounding some problems we had in the past and I need to know what steps I should take to do this.

Here is my current situation:

I am still living with my spouse and children. Tension continues to rise on a daily basis when I get home from work. I have been trying to avoid conversation, because even our rational planning convos don't get anywhere. Or I should say we agree and make a plan and the next day she renegs on everything we talked about.

She is threatening massive amounts of child support that don't seem real. How can I determine an accurate amount of what child support would be? Because of the economy I am just now reentering the workforce and I'm only making about $1,400 per month.

CA has a calculator online that runs with the child support agency.

California Department of Child Support Services > Home

are all the children born during the marriage? does mom work as well? how long were you unemployed? was it involuntary? are you mvong out? is mom moving out?

is marriage counseling really out of the question?

 

[Cali209]

Thank you for the link to the calc.

Are all the children born during the marriage?

Yes, all three were born during the marriage.

Does mom work as well?

Yes, she works. Currently only P/T.

How long were you unemployed?

Approx. 2 years

Was it involuntary?

Yes and no. I lost my job due to inability to get to work. I was commuting over and hour and my car broke down which was my only transportation. The entire time I was unemployed I was actively looking for work and documenting my job search with EDD (State of CA).

Are you moving out?

Yes, I will be moving out ASAP at this point. She has asked me to move out due to the emotional strain it is placing on her.

Is mom moving out?

She is going to try and keep the current house we are renting.

Is marriage counseling really out of the question?

We tried it right after our first separation (non-legal) 4 years ago. She knows how to play the role required, but as soon as we are alone it all drops away. I honestly do not believe it will help and right now the kids are suffering do to the poison that we breed when we are around each other.

 

[mistoffolees]

She is going to try and keep the current house we are renting.

I think it's time for a reality check. You're making $1,400 per month and she's only working part time. You have 3 kids to support (plus you each have to feed yourselves).

When you were living together, you apparently had little enough free income to even fix the car you needed for transportation.

Once you split, how in the world is she going to keep the house you could barely afford TOGETHER while you have to find a place of your own which increases the total expenses? Plus, child care expenses will probably go up.

You each really need to sit down and determine what is realistic in terms of living expenses.