QUESTION

Must I pay Spousal support

Asked on Jun 29th, 2014 on Divorce - Virginia
More details to this question:
My husband has refused to work for most of our marriage. He has done little to get work and most people know I've nagged him to get his butt out there. I make just under 100,00 and he works part time because he's horribly lazy. Will I have to pay him support if I support our child who's 16 yrs old. and ask for no child support?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
If you supported your husband throughout the marriage then that is the precedent set for your marriage and he will be able to request spousal support.  However, the factors you bring up can be taken into account and if you can show that he is capable of earning a living and that he is voluntarily underemployed then he might have income imputed to him that could reduce or eliminate the spousal support.  It will probably require hiring a vocational expert to show how much he could be earning.  And if he has not sought the education and training that he needs to support himself, then you may have to support him while he does this.  Because you have a 16 year old child, I assume you have been married for quite awhile, so this is also going to be taken into account, probably to his benefit.  If he does ask for spousal support, you should ask for child support, so that at least it cancels out to some degree. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Jul 09th, 2014 at 8:41 PM

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