Unlike child support, spousal support is often very difficult (if not impossible) to modify after the divorce is final, so getting it right the first time is a must!
My situation has been drawn out for a year and 8 months and today we only had the initial hearing. I got fed up because I found out my spouse cheated on me...on several occassions...thank you spyware. Regardless, Cali is a no-fault state. I was served in October of 06, I promptly responded. We waited and waited and tried to talk about a deal. I'm a musician on top of my day job and I have a collection of very nice guitars I've acquired since being with my spouse. I understand that's community property. My spouse worked full time and had a child and we were married just shy of 6 years before I was served. When it came time to file the income and declaration of expenses worksheet, my spouse filed directly after quitting one job...taking a week off to file...the week after they started their new job. If that wasn't enough, I had to try to get them to finish the judgment paperwork...to which I was essentially told to pound tar. I filed mine, then filed an "at issue" so the judge would hear the trial. All assets divided, no child support/I never adopted, no property because I'm in the military and my spouse is seeking spousal support. Oh, by the way, after working full time all this time and going to school they just happened to lose their job last week, a week before trial. Trial has been postponed a week. What are my chances of having to pay alimony in a case like this. I sense shadiness and as a result of their infidelity...I don't doubt it. What should I do? We're both self representing.
My understanding is that it's pretty hard to get alimony in CA. And practically impossible in a "short term" marriage, which yours is (less than ten years is considered short term). Your ex would have to prove that she was financially dependent on you for your entire marriage, and if she just had a job but quit the week of filing, that isn't going to help her. If your wife had never had a job, that would be different, but judges aren't stupid and they'll see what she's trying to do. If she's capable of working and has worked before and earned a decent income, she's dreaming if she thinks she's going to get you to support her while she sits on her butt.
Did she work the entire time you were married? What is her education level? Did she earn close to or more than you during the marriage? These are all things the courts will look at. Just because she's not working right now doesn't mean she can't and I'm pretty sure she'll be told to get a job and support herself. From what you've said she doesn't have much of a case.
Was the child yours or did she have the child prior to your marriage? Who is the father of the child? The father should be paying child support. With a marriage of 5 years and that she worked full time, no permanent spousal support would typically be ordered. However, she may get temporary support until the divorce is final and she returns to work.
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