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Divorce

My husband left after 19 years of marriage and 3 sons, two of which are still minor children.I've been a stay at home mom and since have returned to school in order to support maintain our lifestyle.My husband has been gone 3 years and has paid $5,000 a month until recently when he began paying $3600. I have 3 semesters of school left and he intends to reduce the payment again to $2200 in Dec.of 09 .We are not legally separated and these arrangements were based on an arbitrary standard my husband determined for graduation and employment. We have 1 son in college and a second son to start in a year. We own a home together and the mortgage is $2600 a month. He makes $115,000 a year and we have agreed that I keep the house and he keeps his retirement and paintings . What I would like to know is the amount and duration of spousal support and child support. Also can I receive additional support to help with school for both myself and our sons?

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Attorney answers (2)

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Reputation Level 14
There are no "hard and fast" rules regarding the duration or even amount of spousal support, however, after 19 years of marriage, there is a strong likelihood you would receive spousal support for many years. Child support is a function of application of a mathematical formula involving how much income you each have and the amount of time the children spend with each parent. There are several child support calculators available online to give you a sense of how much money you should be receiving. Google "California child support calculator" and that should get you to one. You really should speak to an experienced family law attorney on this. This is a very complicated area of law and right now nothing is being done to protect your rights.
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Reputation Level 18
Calculation of support, and the relationship between a spousal support arrangement and the property settlement, may be complictaed in this case; you should review all the facts of your situation with a qualified family law attorney.

Child support terminates as to each child at 18 if done with high school, or past that to as late as 19 if that child is still attending high school.

The termination rules, and calculation of amount for long term spousal support after a long-term marriage are much more complicated questions. California law provides a list of thirteen factors which a judge is to onsider in making the order, plus a "catch-all" ("Any other factors the court determines are just and equitable.")
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