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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17906
Experience:  B.A.; M.B.A.; J.D.
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My daughter is facing paying spousal support to a deadbeat.

Customer Question

My daughter is facing paying spousal support to a deadbeat. She makes a modest income & paying will create severe financial hardship. She is the sole support of their 3 year old child.
Submitted: 4 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Why is she being ordered to pay spousal support?

If the spouse is a deadbeat, does this mean that there is a Court ordered child support that the spouse is not paying?

What is your question?

Customer: replied 4 years ago.
She has not been ordered to pay anything YET, but her lawyer has told her that she will have to pay $890/mo + child support for the time her son is with his dad, which is about 20% of the time.
He doesn't work, has not worked during their marriage, & was the primary caretaker for their son after she returned to woek after his birth. She has been the sole support for their whole marriage - 6 years.
She takes home about $3200/mo, the award of spousal + child support will be about 1/3 of her pay. How can she support herself & her child on that in L.A.?!
Expert:  Phillips Esq. replied 4 years ago.

Thank you for the information.

Your Question: She has not been ordered to pay anything YET, but her lawyer has told her that she will have to pay $890/mo + child support for the time her son is with his dad, which is about 20% of the time.
He doesn't work, has not worked during their marriage, & was the primary caretaker for their son after she returned to woek after his birth. She has been the sole support for their whole marriage - 6 years.
She takes home about $3200/mo, the award of spousal + child support will be about 1/3 of her pay. How can she support herself & her child on that in L.A.?!

Response: I understand your frustrations. The law most often is not fair. However, she may not have to pay this amount. She can try to convince the Court that the spouse should be looking for work. If the Court is persuaded, she might only be ordered to pay for temporary child support and spousal support of the spouse while the spouse is re-re-entering the workforce . In addition, she can convince the Court to order that the husband must be making reasonable efforts to find work. Otherwise, the temporary support would be terminated. When the spouse gets a job, then she can file for Modification of spousal and child support Orders.