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Spousal and child support.

Bloomington, MN |

My spouse received a severence payout after being laid off from work. That money was split but now he is not looking for work and says he won't get unemployment so I will not get any spousal or child support. He was the bread winner and is dragging our the divorce and making my life miserable.

Can he file for unemployment? If he does will I get part of that as spousal/ child support? Do I have any recourse for spousal/child support as I think his new live in lover is supporting him and he has no intention of looking for work to support me or our son. Can he keep draggin the divorce process out forever just to deplete my finances?

Thank you

Attorney Answers 3

Posted

You have asked several questions.

First, yes, of course, he can drag out the process to make it take longer and cost you more money. If you can convince the court that he is taking unreasonable positions in bad faith or frivolously, you might get an award of attorney's fees (assuming that you have an attorney representing you). However, at some point the court will schedule your case for trial---it can't just drag out "forever" (even though it may seem like it!).

As for your spouse not looking for work, the court can determine support and/or spousal maintenance based on what he is capable of earning. You may want to schedule a temporary hearing to ask the court to order him to provide proof of a job search.

These are complicated issues, and if you haven't already done so, I would strongly suggest hiring an attorney to represent you in this case.

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Posted

Yes, he can seek to slow down the process. If the County believes he has acted in bad faith, it can award legal fees and costs.

A Severance may, in fact, mean that for the time period covered by severance, no unemployment is paid. Do you have a temporary order addressing spousal support and child support? if not, you should seek one by filing a Motion. if you do, that order remains in effect until modified.

Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter.

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Posted

Hello. Not everyone can file for unemployment: I suggest you view the 'who may file' rules online for yourself. Willful unemployment or underemployment may be addressed by the court. I urge you to ask all your questions of your attorney so she/he can advise you and help you through this.

TWIN CITIES to ST CLOUD. Do seek legal counsel for your personal legal issues and needs. This post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation.

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