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

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. 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.

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