Los Angeles, CA asked in Divorce for California

Q: Can my wife be considered an unfit mother in Calif if she keeps giving money to scammers? I want full custody.

My wife has given almost $20k of our money to scammers, sometimes conning me to do it. Can I also deduct this amount from any alimony?

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Culver City, CA
  • Licensed in California

A: I see two very different questions here 1) related to custody of minor children; and 2) Wife's liability to the community for spending money on scammers. As to this second issue, there's not enough information here to respond to your inquiry. Giving money away to scammers will likely be seen as irrelevant to the issue of alimony. Whether she has to otherwise reimburse the community in a divorce, is a different question. As for the custody issue, custody orders in California are based on the best interests of the children with a policy of frequent and continuing contact with both parents. One parent may get custody over another if it is found that the noncustodial parent poses some kind of threat to the health, safety or welfare of the children. Giving money to scammers probably doesn't fit within that description, but again, not enough facts here to know one way or the other.

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