Q: Been separated from my husband for 7yrs. Our son is 17yrs old. Want to file divorce, spousal & backpay child support.
My son has lived with me for 6 years. His father only gives me $150 a week of support, and makes alot more money than me. I want to file for divorce and just want legal advice on my rights.
A:
As you have been separated from your husband for 7 years and your son is now 17 years old, you have the right to file for divorce and request spousal and backpay child support. The fact that your son has lived with you for 6 years and your husband only provides $150 a week in support could be considered in determining the appropriate amount of child support that he owes.
To file for divorce, you will need to prepare and file the necessary paperwork with the court, which typically includes a petition for dissolution of marriage and related documents. You may also want to consider consulting with a family law attorney who can advise you on your rights and help you navigate the legal process.
In terms of spousal support, California law provides that a court may order spousal support to be paid to a supported spouse who lacks sufficient property or income to meet their reasonable needs. The court will consider factors such as the length of the marriage, the standard of living established during the marriage, and the earning capacity of each party.
As for child support, the amount of support is determined based on various factors, including the income of each parent, the amount of time the child spends with each parent, and the child's needs. You may want to consult with a family law attorney or use an online child support calculator to get an idea of the amount of child support your husband may owe.
Overall, it is important to understand your rights and options in this situation. Consulting with a family law attorney can provide you with the guidance and support you need to navigate the legal process and protect your interests.
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