Spousal support?

Unfortunately, there is not a yes or no answer to this question. Spousal support is determined under Family Code §4320. Per §4320 (a) (2) (i), the court is required to consider any history of domestic violence between "parties" when considering spousal support. The statute does not instruct the court to consider domestic violence between a party and a child. However, §4320 (a) (2) (n) requires the court to consider any other factors that are just and equitable--which would be the case for you. More specifically, abuse to a child is certainly something that the court should consider in the interests of justice and equity when it comes to spousal support. That is especially the case since the Family Code under the Domestic Violence Prevention Act includes in its definition of "domestic violence"abuse by a parent against a blood related child. That being the case, the argument that should be presented is that your husband should be precludedfrom receiving spousal support because of the abuse by him to your child.

There is temporary support, during the process of the divorce which, if you earn more, you would have to pay. Permanent support is governed by a statute which has multiple factors, one of which is, specifically, domestic violence.  Google California Family Code §4320(a)(2)(i).  If it is documented or can be documented by the time that issue is reached, it would be considered by a judge in determining spousal support.

If he has been convicted of an act of domestic violence or a restraining order has been granted against him on the grounds of domestic violence, the courts will almost never award the perpetrator spousal support; and there is a statute which creates a presumption against him getting child custody for a period of five (5) years.