QUESTION
Do I have to pay spousal support if he is purposely not looking for a job?
Asked on Sep 21st, 2013 on Divorce - California
More details to this question:
My soon to be ex has been on unemployment for about 6 months and is now filing for spousal support. He recently told our eldest daughter that he is "taking a year off" meaning that he has not been and does not plan on looking for employment. If I report this to unemployment department and by chance they do an audit and find this to be true and he loses his benefits and possible has to pay back benefits, will this hurt me even more since then he will have no income even though he is breaking the law?
3 ANSWERS
4 Awards
It is possible that you could pay spousal support. It is difficult to determine from the facts provided whether or not you may be ordered to pay for spousal support. First, your soon to be ex has to file a request with the court for an order for you to pay spousal support. The will look at a variety of factors to determine whether you should pay spousal support including child custody, child support, the parties' respective incomes. You can get a good idea of the factors the court will consider under California Family Code section 4320.
Answered on Sep 24th, 2013 at 12:02 PM
You may have to pay support but you should ask the court to impute income to him if he is purposely not looking for work. You should consult a family law attorney or facilitator to assist you with the paperwork.
Answered on Sep 24th, 2013 at 12:02 PM
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Get an order that he has to make 10 face to face job contacts per week and report them to your attorney and the court. Get review date and an order for a vocational evaluation so the court can impute income to him.
Answered on Sep 24th, 2013 at 11:20 AM