DOES MY EX-HUSBAND STAND A CHANCE IN SPOUSAL SUPPORT, CHILD SUPPORT OR CUSTODY?

QUESTION: I have sole legal and physical custody of my son. I divorced his father 7 years ago. He is now seeking alimony and 50/50 custody. He never attended one of the divorce hearings. Does he stand a chance in court?

MY RESPONSE:

Whether or not your ex-husband stands a chance on his Order to Show Cause [OSC] for alimony, child support, and 50/50 custody depends on details particular to your situation and the divorce Judgment that was entered in your case.

If the Judgment reserved jurisdiction on the issue of Spousal Support (alimony), and if you earn more than your ex-husband earns (or if he is unemployed or unable to work) it is possible that your ex-husband could get an order requiring you to pay Spousal Support.

I don't know the basis of your ex-husband's request for 50/50 child custody since you didn't reveal that basis in your question, so I cannot predict his chances on that matter, but if he hasn’t seen your son for 7 years, it is unlikely that the Court would grant him significant time with your son. The fact that your ex-husband didn't participate in the divorce process may or may not influence the Court.

Child Support is always modifiable based on the parties’ respective incomes and their percentages of custodial timeshare.

You should at least consult an experienced Family Law Attorney regarding your ex-husband's OSC, and you would best retain an experienced Family Law Attorney to represent you in connection with that OSC as soon as possible.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |