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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I'm still confused about a lot of things but I 't want to

Customer Question

I'm still confused about a lot of things but I don't want to have to pay $400/hour unnecessarily. I have already explained to another that my husband refuses to work in spite of his credentials (doctorate in electrical engineering, real estate license, 20 years of project and program management in high tech, graphic design, commercial photography and videography). He also works as a volunteer at a winery but refuses to become an employee because then he has to commit to working on Saturdays and Sundays. My question is more on spousal support. I have been told that I will have to pay my husband spousal support since he refuses to work but is not disabled in any way. I know that I may have addressed this before with another attorney but I am still confused. I pay just about all of the bills with the exception of water and the gardener. I pay most insurance, mortgage, my daughter's medical expenses, most incidentals. Can my husband be forced to pay some of these expenses? Then there is the question of child support. I pay about 95% of it now. Can he be forced to pay for half of these expenses? He is perfectly capable of finding a job but does not want to. In fact, he has been talking about enrolling in an online real estate course for several weeks but has not done anything. Bot***** *****ne, can he be forced to get a job?

Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel. No spouse can intentionally impoverish themselves to avoid paying alimony, child support, etc. Nor can they intentionally impoverish themselves in an effort to be awarded spousal support. If your spouse has a work history, education, skills, etc and is not unable to work through no fault of his own (Not disabled) yes a court can order him to be responsible for certain expenses and it will be up to him to then make the payments or be held in contempt of court.

To determine how much he would be responsible for, the court will look at his wage earning ability. Now, if he has been unemployed for a few years before you decided to divorce, then the court may order you to pay support to him on a Temporary basis - and that time to get employment to support himself and pay his share of child support would be limited.

Expert:  Samuel II replied 1 year ago.

So while the court will not order him to get a job, it may order amounts due and payable to you and in child support and then he would of course need to get a job or be held in contempt.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Otherwise, a positive rating is appreciated as that ensures I get credit for my time and information. Thank you