
1. "I'll quit my job before
I pay you that much support." Not likely. This is usually
an attempt to bluff you into a lower support amount. Ask your attorney
whether you should "call" this bluff. Document the statement
right away. Write down the date, circumstances and exact words used.
Better yet, if the spouse sends this to you by e-mail or, in a letter,
save it for use as evidence. Judges do not tolerate this kind of
bullying and they can find interesting and painful ways to send that
spouse the message.
2. "It doesn't make sense for us to be
paying two lawyers; it's just a waste of money that we could otherwise
keep. Let's just both use mine." Aside from the obvious
conflict of interest here, the spouse making this plea wants to control
you and the process by controlling how much advice and information
you get. Don't fall for this. Good legal advice and representation
may not be inexpensive, but often its value is priceless.
3. "You have no right to take what's mine
away from me." Usually refers to a pension earned by
the complaining spouse. The error is that it's not just his/hers:
earned during the marriage, it belongs to both of you. Your request
for half of that is fair and the law entitles you to it.
4. "I'm taking the children to North Carolina
(or Texas, or some other place) and filing the case there." If
the other parent makes this threat, and actually does move without
your permission, it's time to get into Court quickly because they
might actually get away with this, at least in part, if you wait
too long to do something. There are different rules for which "jurisdictions" can
do what, with regard to: children, property, and marital status.
5. "You'll never see the children again." Usually
an attempt to get you to stay in the relationship. California law presumes
frequent and continuing contact with both parents is a good thing,
so this is seldom a legitimate threat.
6. "Your attorney is just running up your
bill with all these documents he's demanding that I provide. Call
him off." Any family law attorney is going to need to
see documents which relate to your and your spouse's financial situation.
Otherwise, the attorney can't advise you on what you should expect
or demand. Trust your lawyer on this.
7. "You didn't work a day during our marriage,
just stayed home and took care of the kids. Hell will freeze over
before you get a dime of my retirement." Usually it's
a husband who makes this threat, since stay-at-home moms still outnumber
stay-at-home dads (about 4-1). A spouse making this threat has no
power to make good on it, since the court can and will just order
the employer directly to pay the stay-at-home parent.
8. "I'll go to jail before I pay support
to you." Jail time is among several tools the judge has
available to enforce a support order, but it's seldom necessary.
This is a common bluff. For anyone with a paycheck, it's easy enough
to extract support involuntarily, but most people just pay it.
9. "I'll only pay support if I know the
money is going to the children. I want receipts for everything you
spend that child support check on." California law does
not require the supported parent/spouse to account to the other for
how the money is spent. Period.
10. "If the court finds out how you've
behaved, you'll never see the children." i.e., back off
or the mud slinging begins. Family court judges aren't outraged by
a lot of things your spouse thinks are outrageous: your promiscuity
as a teenager, a several-years-past drug habit, infidelity, moderate
drinking, etc. These are things which the judge realizes don't reflect
poorly on your parenting qualifications, so he/she doesn't take them
seriously.
11. "We'll do this like I say, or else...?" This
legend is usually capped off with a threat of withholding money in
the form of support and, sometimes, less frequently, a veiled or a
direct threat of harm. The law exists to ensure justice and fairness
as between adversaries of unequal strength, funding and sophistication.
Attorneys work diligently to see that the law is applied to their clients'
best advantage. This process works. Let it work for you.
12. "I'll litigate you into bankruptcy.
I'd rather pay my lawyer than yours so don't expect me to compromise
on anything." It is true, many spouses threaten this
hoping you will give up and run. While this is unfortunate that people
use such tactics, there are legal techniques to stop the spouse from
going forward with this threat. A good attorney can push a case forward
to trial. The court can sanction a delaying spouse employing these
tactics, making them pay your attorneys fees.
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