Divorce in California with two kids

EnvironmentalAd3558 · 2024-01-06T06:31:03+00:00

Community property and debt is split 50-50. Generally Community Property is anything acquired after marriage by either of you unless if was a separate gift or inheritance to you. That includes contributions after marriage to preexisting retirement funds.

Child support is usually done based on a formula using as factors you & your wife’s income and how custody is shared. Ideally if your incomes were equal and you share custody on a 50-50 basis then the would be no CS.

Alimony, called spousal support in California, is usually for a term of half the length of marriage when it is less than 10 years and is negotiable. Again if she makes a much as you it would be zero. In your case it doesn’t like it should be significant.

Based on what you have said the major issue in your case is what percentage of custody you will get. Many wife’s think 50-50 is a loss while men think it is a win. The second major consideration is the legal costs. You don’t want to spend $10k over a $5k item. Remember you will always net less than 50% of the community property after legal costs. So your eyes should be the best net recovery that you can get.

The wedding gift money, your savings and her retirement funds will probably be found to be community property if a judges decides the issue.

BudFox_LA · 2024-01-06T03:16:08+00:00

You can use her 401k as a bargaining chip for you to not pay alimony i.e. you agree to take less in exchange for not paying alimony. Although this may not be advisable when taking into account potential future value of said 401k funds. Divorce is expensive and the lawyers only win. You may have to pay a little CP even w 50/50 if you’re the higher earner. That’s usually non negotiable and state and county court mandated. Good luck

tyyyy110 · 2024-01-06T01:34:22+00:00

Dude ngl, the cards are already stacked against you as the husband and slightly higher income earner. Is there any way you could potentially hold of the divorce until things perhaps change? Not suggesting you stay in an unhappy marriage but I'm suggesting you have a solid plan in place before you make a decision you're able to live with.

a_day_at_a_timee · 2024-01-06T00:34:03+00:00

Married 16 years in california. 2 kids 14 and 12. My attorneys fees were $60000 and my ex wife’s were $45000. She wanted to keep the house i bought and 100% custody.

She got exactly what I offered on day 1.. a 50/50 split of everything including the kids.

She did get lifetime alimony of $700 a month and my child support is $1400. Be glad your stbw has a job. Hopefully she will agree to split everything or you will spend more than the things are worth arguing over them.

bluephotoshop · 2024-01-06T00:09:54+00:00

$4k in wedding gift money is small potatoes, inconsequential. You might demand something else in return (that she doesn’t value as much) for giving it to her. It sounds like the money situation is pretty much a wash. But your kids are so much more important. I suggest 50/50 custody with a limitation on each other’s distance, such as living in the same county or adjacent counties. That makes custody sharing so much easier.

captainchippsixx · 2024-01-05T23:27:45+00:00

Advice is don’t agree to shit. Get the kids plan figured out. Maybe hire a mediator

Title	Divorce in California with two kids
Author	HistorianHistorical2
Upvotes	10
Comments	10
Date	January 5, 2024 9:04 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/18zhk9s/divorce_in_california_with_two_kids/
Archive Link	https://theredarchive.com/r/Divorce_Men/divorce-in-california-with-two-kids.1242325 https://theredarchive.com/post/1242325

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