If a spouse commits a felony while sep[eated and headed for divorce can the other spouse be forced to pay spousal support

Asked almost 2 years ago - Chester, VA

The wife was charged by my fiance with check fraude and claims to be unable to work. I am being found that if a felony record causes her to be unable to work that I will have to continue spousal support and max child support.

Attorney answers (1)

  1. H. Eugene Oliver III


    Contributor Level 12


    Lawyer agrees

    Answered . Being a convicted felon is not a bar to receiving spousal or child support, but is something the court should consider in terms of potentially imputing income. The court may find that she is voluntarily under- or unemployed and thus impute income to her, which can lower your obligation. I would discuss your case in detail with an attorney to see the potential benefit in doing so.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Support

Child support is the money paid from one parent to another for expenses resulting from the other parent’s custody of a child or children.

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