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Hello: I'm going thru a divorce. My question is regarding spousal and child support.

Van Nuys, CA |

My x-hsbnd makes $2900/mo. He told Judge he sends money to his country for his parents take-care. I m jobless and live with my brother. He pays for most of our(me + my kid) expenses. Court ordered my x to pay child support $300/month, but court never ordered to pay him spousal support. On the last hearing (jan 11) Judge said since I have support from my brother, but he (my x) doesn't have any support and have to send money to take care of his parents, the spousal support ordered is $ 100 /month. Actually his parents own apartments cmplex and the money he sends goes to his saving account there.
What can I do now to get a fair judgment? He came to USA and got papers through me (husband of US citizen). After he came he totally changed, started domestic violence and I can't but do divorce.

Attorney Answers 2


  1. I am sorry that you are going through this, your argument should be that his family here comes first. Chat with a local CA attny, you will most likely get the support increased. He should not be able to argue that he send money home, it is not a good argument. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. You would best retain an experienced Family Law Attorney to advise and represent you. It sounds like you didn't do a sufficient job representing yourself, or in the alternative, that you were in front of a brand new judicial officer who didn't know (and needs to be educated by your lawyer about) the law.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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