SPARC Forums
State Message Forums => California State Forum => Topic started by: Scotted11 on Mar 25, 2005, 05:38:52 PM
My girlfriend has been separated since 10/02. She has two children, ages 10 and 3 who she has had custody of since. The father was incarcerated for approx. a year and a half during this time frame and hasn't paid probably more than $200 in any type of support since he's been out. Even though he's been employed. The problem is, his employer is paying him under the table and he is only declaring that he makes minimum wage. He is currently living with his grandmother and she supports him in every way. He's 31 years old by the way. The grandmother works for the attorney they are using. The husband is asking for spousal support and it was determined that she may have to pay him spousal support because she makes more money solely providing for her two children. I have two questions. They got married in 2/98 so they were only married for 4.5 years. In Calif. she would only have to pay SS for half the length of the marriage. Would this back date to the date of separation or the date of the filing for divorce? Would a court actually make a mother who is solely providing for her and her two children pay spousal support to a dead beat father? He doesn't want to really see the children but he wants to avoid having to pay her anything.
Have you tried the Family Law Facilitator? I believe it goes back to the date of separation. If it's healthy for the children, it's always best for the children to have both parents in their lives. Watch out for how the system will turn you against each other and create more hate.
Reform Family Law
Picket L.A. Superior Court for more info.
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I am not a lawyer, but have talked to many concerning my situation. they all tell me for all intents and purposes that SS isn't so big anymore if the other person can work unless it was a lengthy marriage--especially for the one without the kids. short marriages SS can last as little as 1-2 years max.
what does the original court order say? If he didn't need it then, he will have a hard time collecting now. I would think that a judge would see through his ploy.