need help please

[worst2012]

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

Hi, I live in California, me and my wife is getting a divorce, we have 2 kids, I currently don't have a job, she has a steady job at around 60K/year, she claims that she definitely has the money and power to have the custody of the 2 kids, and i have to pay child support. right now, she hired a lawyer(she has the money which i don't), she offered me to give up my part of the house to cover any future child support , our house is around 400k, and still has a 100k mortgage on it. my question is , will what she offered be supported by the court? if i agree, can she later on still file/sue me for child support? thakn you !

 

[Silverplum]

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

Hi, I live in California, me and my wife is getting a divorce, we have 2 kids, I currently don't have a job, she has a steady job at around 60K/year, she claims that she definitely has the money and power to have the custody of the 2 kids, and i have to pay child support. right now, she hired a lawyer(she has the money which i don't), she offered me to give up my part of the house to cover any future child support , our house is around 400k, and still has a 100k mortgage on it. my question is , will what she offered be supported by the court? if i agree, can she later on still file/sue me for child support? thakn you !

Don't EVER take legal info from your X. Why should she have custody? Why not you?

 

[single317dad]

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

Hi, I live in California, me and my wife is getting a divorce, we have 2 kids, I currently don't have a job, she has a steady job at around 60K/year, she claims that she definitely has the money and power to have the custody of the 2 kids, and i have to pay child support. right now, she hired a lawyer(she has the money which i don't), she offered me to give up my part of the house to cover any future child support , our house is around 400k, and still has a 100k mortgage on it. my question is , will what she offered be supported by the court? if i agree, can she later on still file/sue me for child support? thakn you !

I don't say this often, but you need an attorney, you're not going to be able to do this on your own. Find a good one, and talk to them specifically about asking the court to order your ex responsible for your legal fees, and more generally about your other rights.

 

[Silverplum]

I forgot to add: YES, the custodial parent can file for CS any time after divorce.

NEVER believe that you are prepaying support with your share of assets. That's a scam.

 

[ecmst12]

You can't pay "future child support".

 

[worst2012]

Don't EVER take legal info from your X. Why should she have custody? Why not you?

I asked around for a lawyer , and the price is around $350/hour plus $5000 up front, i really don't have that kind of money. I sure do want the custody of one child, but can I ? after we get divorced, i even have to borrow some money to pay deposit for a apartment.

 

[Silverplum]

I asked around for a lawyer , and the price is around $350/hour plus $5000 up front, i really don't have that kind of money.

Talk to the attorney about having MOM pay your attorney fees. You're unemployed, she's employed. Yes, it can work that way -- but ONLY if you ask!

I sure do want the custody of one child, but can I ? after we get divorced, i even have to borrow some money to pay deposit for a apartment.

Why should you leave the marital home? Why not have Mom leave? She wants out, she can leave.

Why would you only want custody of one child and not the other?

 

[worst2012]

I forgot to add: YES, the custodial parent can file for CS any time after divorce.

NEVER believe that you are prepaying support with your share of assets. That's a scam.

she claims that her lawyer said I can pay a lump sum of all child support needed, like a upfront payoff. Is she trying to scam me?

 

[worst2012]

Talk to the attorney about having MOM pay your attorney fees. You're unemployed, she's employed. Yes, it can work that way -- but ONLY if you ask!


Why should you leave the marital home? Why not have Mom leave? She wants out, she can leave.

Why would you only want custody of one child and not the other?

I think its all about money, if i keep the house , 1, i can't afford mortgage payments, 2, i will have to pay her half of the equity which i don't have.
same answer , i don't think i can afford to raise 2 children, plus she is the mom, i think the court will tilt to the women plus i don't have a job now.
also, she claimed that even if i don't agree with the terms, after 6months, it will automatically become effective.

 

[Silverplum]

she claims that her lawyer said I can pay a lump sum of all child support needed, like a upfront payoff. Is she trying to scam me?

Yes, she is. That's a complete and total lie.

 

[Silverplum]

I think its all about money, if i keep the house , 1, i can't afford mortgage payments, 2, i will have to pay her half of the equity which i don't have.
same answer , i don't think i can afford to raise 2 children, plus she is the mom, i think the court will tilt to the women plus i don't have a job now.
also, she claimed that even if i don't agree with the terms, after 6months, it will automatically become effective.

Use your yellow pages, find some family law attorneys who offer free initial consultations. Write up your questions, bring them, get them answered. Write down the answers as you go so you don't forget them.

Some attorneys will work with you on fees. Seriously, you need one.

 

[worst2012]

Yes, she is. That's a complete and total lie.

thank you ,
can't believe after 8 years of marriage, just because i lost my job, she is doing all this.

 

[worst2012]

Use your yellow pages, find some family law attorneys who offer free initial consultations. Write up your questions, bring them, get them answered. Write down the answers as you go so you don't forget them.

Some attorneys will work with you on fees. Seriously, you need one.

thank you so much indeed, looks like she's trying to scam me all the way.. ..

 

[ecmst12]

Get your portion of the equity in cash. If she gets custody, pay your child support as you go.

Courts don't really love splitting up siblings. If you get custody of both kids, she will be paying YOU child support, which will help with the expense. Don't make it about money, make it about what's best for the children.

 

[Silverplum]

thank you so much indeed, looks like she's trying to scam me all the way.. ..

You're welcome. I wish you good luck!

(Please DO get an attorney.)