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There are alimony guidelines used that can vary from state to state, with regard to calculating spousal support. One of the biggest factors a judge will take into account when making that determinaion is the disparity of income between the parties. Say, for example, the wife has been a stay at home mom for ten years or more while the husband has been the primary breadwinner. It would be obvious that the husband should more than likely be ordered to pay the wife some alimony or support during the transition period in her life of starting a new household. The guidelines will also most likely take into account her income producing capabilities as well, the ages of children, if any, and debt to income ratio of the parties.
I am familar with a case that was extremely unfair to the spouse. He was going for full custody, due to the fact he loved his son, felt that the mother could not provide stability, responsiblity and good child rearing due to her on going writing of bad checks and the fact she was up on felony charges w/a previous employer, who at the time was her father-in-law. She also could not keep a job for more than a few weeks at a time. She didn't want to work. She testified in court she was going to go to college so she could get a good job. Well, the judge decided on joint custody w/her having physical placement. He also awarded her a good amount of child support and also, alimony for 2 years, while she was going to schoool. Well, right after the finalalization of court, she takes a job a very good paying factory that had wonderful benefits. She told the father that she was not going to school. Then he filed a court paper stating to drop alimony cause she not going to school. Then, she quits her job and tells the court she will go to school after the first of the year. Which was spose to be Jan. 07, she now is living with someone, not going to school and still collecting alimony. Why should she be entitled to alimony, she is NOT going to school, like she told the courts she was, and she is also living with someone, she has no expenses cause he takes care of them for her. She was charged with felony and is on probation for 15 months and has to serve time in jail. Can he fight the alimony since she is living with someone and not going to school?
Please help, this is all so unfair. Why should a convicted felon get physical placement of a child and why should she still be entitled to alimony, when not going to school and living with another guy? Appreciate any help you can offer. Kari
Please don't post that comment I sent earlier,I just wanted some advice, if you can offer some.
Very helpful. I am a stay-at-home mom at my husband's request. Things aren't working out between us and it's time to end it. I gave up my career as an oral surgeon's assistant upon my husband's request to raise our 3 boys. Now, I've been out of work for over 5 years, so this information helped me understand that I would probably be taken care of for a while. Thanks so much!
|Jennifer Mathes, Ph.D.|