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

Asked almost 2 years ago - 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. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . 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... more
  2. Donald Frederick Conviser

    Contributor Level 19


    Lawyer agrees

    Answered . 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... more

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