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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband served me a Custody Order. s salary, pays of our

Customer Question

Hello. My husband served me a Custody Order. His salary, pays for many of our bills, and he is "forcing" me to go back to work. If I don't go back to work, he is threatening to withdraw all monetary funding, from me.
The problem is, that I worked from 1984 until 2001. This was off-and-on employment, until we had a baby. We now have two children. I haven't worked since... (I was a Holiday Helper at Jos. A Bank, but that's all).
I worked through the terms, of 5 different Presidents. I am 47 years old, and there are many women, that have not worked as hard as me. I have worked very, very, hard. Now, due to my husband's Court Order, I am in debt, and need to pay back credit card companies and a loan.
What sort of legal action, will support my case? I spent everything I have, on Lawyers. However, I am not getting the answer that I need...
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that I am not understanding you fully. You are saying you do not want to work and believe your ex husband should support you and there is no obligation to support yourself because you worked for about 16 years previously?
You said also you had various lawyers and you are not getting the answer you "need," but are they simply telling you what you do not want to hear, since the VA law requires a spouse seeking support who is physically capable of working to go back to work to help support themselves?
Customer: replied 1 year ago.
Eventually, I might go back to work. However, after 17 years of employment, and living with two children, and a husband that travels. I feel quite beat-up! I have some medical issues, but nothing that will keep me from working.The issue, is that I am being "forced" to attend visits with psychiatrists and psychologist. They put me on drugs. I am now almost 50 lbs. overweight. I think, that one of the medications made me crave food! Anyway, they have currently asked to visit with my husband. Almost every psychological professional, says that they need to talk with him. I have also been referred to L.A.W.S. (a Clinical Social Worker believes, that I am being abused).Does Virginia law, support issues of abuse?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The problem is that if you are claiming medical issues and that you are "quite beat up" so you cannot return to work to support yourself, you are making these issues that the opposing party can demand professional opinions on. So that is the reason for them making the examinations. Nothing you have said above gives me any indication one way or another about abuse, so I cannot comment on that.
Spousal support in VA is based on your length of marriage, your needs, your ability to work, your physical and mental disabilities and his ability to pay. So the court must evaluate all of those factors and anything else they find relevant to decide if you are entitled to support and how much support you should get.
So you are going to have to convince the court the reason why you cannot return to work right now and that is going to certainly take medical and psychological expert testimony to do since you are of the age where working is not supposed to be an issue for anybody unless they have some medical or mental disability and in that case it is up to you to prove that disability to qualify for the support.
If your husband proves you are capable of working, the court is not going to be very inclined to award you much support beyond temporary support to give you a couple of years of support to give you chance to get a job.
Customer: replied 1 year ago.
My employment history, is why I don't want to go back to work. I worked through Ronald Reagan, George Bush Sr., Bill Clinton, George Bush Jr. and Barack Obama. I have talked to so many people, that the phone ripped a hole in my right ear lobe. I have been mistreated, in the workplace too. I was a Manager, yet I never broke $45,000 in salary. I was underpaid and overworked. One man that I worked with, threw merchandise at me. I am a burnout... Nobody cares!
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It certainly sounds like you have had it rough in employment and certainly were underpaid. In that event, if you can show the court that you are trying to find employment and simply cannot find suitable employment, that is the basis for the court to award you spousal support, but again VA prefers temporary support, so they may set it for 5-7 years and then reevaluate your situation at that time.