Focusing On Family Law – And You
Holding property hostage
A common threat is withholding property unless the spouse’s demands are met. But California law gives each spouse an equal claim to marital property. Courts will divide this property regardless of any income differential between the spouses.
Jail and job
Spouse may claim that they will go to jail or quit their job before they will ever pay support. But spousal and child support can be automatically deducted from their pay.
When a spouse falls behind on their court-order support, a spouse can seek enforcement from a judge and the spouse in arrears can face penalties, up to incarceration, for further violations.
If a spouse threatens to quit their job to avoid support obligations, a court may order them to make continued support payments.
Reconciliation in return for ownership
A typical threat is ending the marriage unless all property is placed in that spouse’s name. But your capitulation to that threat will lead to the loss of your freedom and financial security.
Placing your credit cards, bank accounts, vehicle title and home ownership in your spouse’s name will surrender the financial control of your life. Possible reconciliation is not worth this price which may be merely a spouse’s attempt to keep power in your relationship.
A threat to harm you or your children is unacceptable. If you ever feel unsafe, leave your residence immediately and contract the police.
An attorney can assist you with understanding your rights and options in a divorce and respond to threats concerning property division, custody, and support. Lawyers can help you pursue your rights in these proceedings.