Yes. You have to file for separation (either "legal separation" or "dissolution" aka divorce), and also have to file a request for order to request spousal support and child support. Child support will depend on how much time you will have with the children, vs. how much time he will have, and also will depend on your and his income. Spousal support will depend on (in the beginning) solely based on your and his income. Thereafter, during the final stages of your case, the court will have to consider approximately 12-13 different factors (known as family code 4320 factors), to determine how much support he will pay you (or vice versa). Talk to an attorney for a more thorough knowledge and available options. Good luck.
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Short of getting a divorce, if the aggression turns into violence or threats of violence, you may also qualify for a restraining order to immediately protect you and your children. The restraining order can also address issues of support. Good luck to you and your family.
You have the right to request spousal support and also child support but this won't happen unless you file a petition for dissolution and set a hearing (this is called a Request For Orders) and ask the court to order temporary spousal support pending the final dissolution and also to set child visitation, custody and child support orders. Seek legal assistance on this, though, from a skilled family law attorney.
In addition to filing a Petition for Divorce or Legal Separation, and a motion for child and spousal support, you should consider "restraining orders" as often the filing of such motions can increase the aggressive and controlling behavior. As stated, consultation, at the least, with an attorney would be recommended.
This answer does not constitute legal advice, and should not be relied on, as each party and case require fact specific responses, which cannot be provided without thorough evaluation of all pending legal issues and case facts. That evaluation can be accomplished during and/or after a comprehensive consultation - 30 minutes free. This answer does not create an attorney-client relationship.
Yes. Spousal support and child support will be available to you if you and your ex file for legal separation and or divorce.
All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.
You can file for custody and support without filing for divorce, but that will only get you child support. If you need a restraining order you can get both child support and spousal support, however you don't want to do that unless you really need a protective order. You should meet with a Ventura County attorney to see how you should proceed.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
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