QUESTION
Can my wife sue me for child support if she has recently moved back in the house?
Asked on Apr 10th, 2013 on Divorce - California
More details to this question:
Last year, my wife left me and our kids to be with another man. She had said that I could have the house and cars, she just wanted to leave. She recently moved back in without saying a word to me and now I’m afraid she is going to sue me for spousal support.
7 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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If you are not divorced yet, your wife can file for divorce and request spousal maintenance and child support, however, if she and the children are residing in the house it is doubtful she will get either. Check out my most recent blog on the topic at Jessicacotterlaw.blogspot.com. I would consult an experienced family law attorney in your area to seek legal advice regarding this issue.
Answered on Apr 11th, 2013 at 3:21 PM
She won't get spousal support in California while you are living in the same house.
Answered on Apr 11th, 2013 at 10:30 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, it will be difficult for her to get anything if she is living in the house. I don't see a court giving that kind of claim much credence.
Answered on Apr 11th, 2013 at 10:30 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If you both plan on moving forward with divorce it's important that you determine when the date of separation was. Spousal support is discretionary and is based on many factors. If your marriage is less then 10 years the rule of thumb for duration of support is 1/2 the length of the marriage. You would be wise to consult a family law attorney to best understand your rights and possible liabilities.
Answered on Apr 11th, 2013 at 10:30 AM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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if you don't have a divorce pending, she can't move for child support or spousal support. If the case has been filed and she has moved back in, I would immediately file a motion with the court to stop any payments.
Answered on Apr 11th, 2013 at 10:29 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It appears that you did not file for divorce or any court orders prior to this time. Your best bet is to engage an attorney and commence legal action for dissolution of the marriage.
Answered on Apr 11th, 2013 at 10:29 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you are not reconciling she can file for divorce and sue you for child support, spousal support, her share of the house and cars as it does not sound as if you have a court order giving you the assets without any equalization or offset.
Answered on Apr 11th, 2013 at 10:29 AM