In regards to alimony and child support

Asked over 4 years ago - Benicia, CA

My husband had an affair and the girl that he had an affair with after one time of meeting is now pregnant by him. I told him that I am going to request for alimony and child support.He says if I try to he is gonna quit his job is there any thing that can be done about that. And he says when he quits his job then he will request that I pay alimony to him since he wont be working.

Attorney answers (2)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . Courts take a dim view of people quitting jobs to avoid paying spousal support. They will impute to him the amount of money he is capable of earning in determining payment of spousal support. Even if he cannot pay it, the money will continue to accrue and he will end up owing you a lot of money. Don't let him scare you into doing the wrong thing. Speak to a family law attorney in your area.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Gordon Dale Cruse

    Pro

    Contributor Level 10

    Answered . There is case law that allows the court to impute income to your husband equal to what he was making before he quit his job and set his child support, Also the court can order him to make job contacts and report them to the court. There is case authority for the court to impute income to your husband for spousal support also. If he still does not pay your support the court has the power to take his driver's license and any other license issued by the State, intercept any tax refunds, and if the proper motion is brought, to put him in jail for what is called contempt of court. The child support is set by a formula that considers your income, his income, before he quit, how often he sees the children you two have together and the number of minor children you two have together. Spousal support has a bunch of factors the court must examine so there is no set formula. I wish I could give you a more precise answer but I need a great deal more information to do that.

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