QUESTION
Can the spousal support be granted even if the one who seeks is the one breaking the law?
Asked on Sep 21st, 2013 on Divorce - Michigan
More details to this question:
My soon to be ex is collecting unemployment. He is filing for spousal support he has been on unemployment for about 6 months and recently told my oldest daughter that he is "taking a year off". Basically not looking for work at all and I am the one who is going to have to pay for it. If I report it to the unemployment department and ultimately they audit his case and find that he has not been actively looking for work and possible revoke his payments. Will that hurt me even more since then he will have no income?
3 ANSWERS
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If you are in the process of the divorce, you should simply take the position that your husband is not entitled to spousal maintenance. From there, the court will look at many factors in assessing whether he is entitled to spousal maintenance, including his efforts to find work. Whether you choose to make a report to the unemployment office is up to you, however that report will not have too much effect on the orders entered in a divorce; they are separate matters. Your daughter, if she is over the age of 18, could potentially be a witness and testify in the divorce trial regarding his refusal to work as well.
Answered on Sep 25th, 2013 at 2:57 AM
Not working and being unable to work are different, and the court knows this.
Answered on Sep 24th, 2013 at 12:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If he is not looking for work, for support purposes, he should have income "imputed" to him at his market value. If you do not have an attorney, get one.
Answered on Sep 24th, 2013 at 12:51 PM