It is probably time to meet with a divorce attorney to diacuss your situation. Specifically, the circumstances of your spouses conduct may be relevant in calculating earning potential
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit a personal consultation to exploe all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.
Yes, you will want to consult with an experienced family attorney in your area about this and related issues. In the context of a court proceeding your attorney will be able to present the fact that your husband had been working. If you're lucky, your husband will acknowledge why he lost his job, if he does lose it. Otherwise, you'll want to find other ways to demonstrate why he's become unemployed. Most hearing officers and judges will listen to an argument of earning capacity under circumstances like this, meaning that your attorney can present what your husband had been earning before he lost the job, and ask that the court use that income when looking at whether or not he should be awarded support.
Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.
You should talk to an attorney as soon as possible to go over this in greater detail. Support in PA can be based on income OR earning capacity, but a determination of earning capacity is very fact specific. Also, your living arrangement, reasons for separation, length or marriage, etc can all be factors in a spousal support determination.
A weekly guide with tips and legal advice for each stage of the process.