Lancaster, CA asked in Divorce and Family Law for California

Q: Filed for divorce, husband wants me to retract spousal support, threatening more debt than assets, what do I do?

There has been financial abuse throughout the marriage, I have been out of work since 2018. When I had a brain aneurysm in 2020, he completed cut me off and my adult kids have been helping to sustain me since I had to go through therapy and have been unable to work. I recently filed for divorce and for spousal support and now he is threatening that I will be the one who ends up losing because he has many debts that I was not aware of. Should I stand my ground and wait for the judge to decide? Would you recommend that I retract the spousal support and re-file with the court? I had looked for a lawyer but it is extremely hard when I have no income.

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2 Lawyer Answers

A: He is doing that as a form of continued control. He is scared because he knows that if you follow through with it you will get support and your share of what is due to you. The support initially will be mostly based on what you make and what he makes. You are not capable of working so you would get more support. However at the very least he will that you are capable of working and choose not to. I would hire an attorney given that he probably will have one and they will attack you and the court will expect that you do and know everything that a lawyer would. I am not saying that because i want you to hire me. Also you can get the court to order him to pay for your attorney fees in the process. Good luck with your case.

James L. Arrasmith
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Answered

A: Don't let your husband's threats discourage you from seeking the support you need and deserve. Financial abuse is serious, and the court will take into account your medical conditions, long absence from work, and your husband's past behavior when making decisions about spousal support.

You should absolutely stand your ground and wait for the judge to decide. California courts are experienced in dealing with situations where one spouse threatens the other with debt - they will carefully evaluate all assets and debts to make fair determinations. Since you weren't aware of these debts, the court will investigate whether they were incurred for the benefit of your marriage or if they represent hidden spending.

Given your situation, you can seek help from legal aid organizations in Lancaster that provide free or low-cost legal services to people who can't afford lawyers. You can contact the Los Angeles County Bar Association's lawyer referral service, or visit your local courthouse's self-help center for assistance with your case. Many domestic violence organizations also provide support for financial abuse survivors and can connect you with legal resources.

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