# Direct deposit of paycheck and filing for divorce?



## JohnSebastian (Dec 24, 2013)

So, I have direct deposit, my wife does not. If she fools me and files for divorce, can she prevent me from stopping my direct deposit? I'm in Calif.


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## SlowlyGettingWiser (Apr 7, 2012)

She cannot interfere with your direct deposit of your paycheck (continuing it or discontinuing it). That does not, however, mean you're going to be entitled to keep all the money!


The courts may order spousal support or child support (going backwards until the day one of you filed for divorce). 
The courts may order immediate TEMPORARY support while it sorts out your financial situation. 
The courts may order you to pay a lump-sum of money to your ex once the divorce is finalized (as part of the settlement).

All of these scenarios would depend on your actual situation (who works outside the home? how many kids? ages? how long married? current lifestyle? etc).


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## JohnSebastian (Dec 24, 2013)

We have three teenagers at home. She actually makes a little bit more money than I do.


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## sadbuthopeful (Jan 1, 2014)

No she can't prevent you from changing your payroll auto-deposit to another account if she files. You are best to get advice from your lawyer, or if you don't have one, get one ASAP, or go for a consult so you are prepared. If she has a lower income than you, then she may file for spousal and child support, but that is separate from the actual dissolution filing. It will either be handled out of court between your lawyers as a
temporary stipulation agreement, or her lawyer would go to court for the request. If she is due support, she could request that your paycheck be doc'ed the support amount.

If one of you do end up filing:

You should split up your accounts ASAP in my opinion. Cancel any joint credit cards, get your own bank account. You will likely both still have common expenses to take care of such as a mortgage and any other current debts. Keep the joint account for those.

You need to figure out who is going to pay for what. Do you trust your wife to make payments on your common debts, or maybe you want to do that to make sure.

California goes by a set of standard calculations (dissomaster) for temporary child and spousal support which is based on each of your incomes, how many kids, custody sharing, etc. Any CA lawyer has access to that program and can give you numbers within minutes. If you want, you can get a pretty good estimate from some online calculators also: California Child & Spousal Support Calculator | Dishon & Block. As well, I've heard the state law library has the program that can be used there also.

another site you should read to understand CA divorce law:

Spousal Support & Divorce in Burlingame | CADivorceMediation.com


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