Married 6 yrs, 2 kids, husband won't work and doesn't care for kids. He went to vocational school, now 6 months out still no job. I do all cooking, chores, caring for kids, but pay full time day care so I can work while he sits home on computer pretending to look for a job. Now I've lost my job (used to make $50k). Have to divorce and obviously plan to get another job but afraid he'll say he makes zero income (his parents give him a small income monthly). Will I have to pay him spousal support? Would he have to contribute any child support if I get kids 80% of time?
The allowance he gets from his parents can be considered income for purposes of calculating support. Further, a judge can decide to impute income, i.e. rather than using actual income, use earning capacity, such as minimum wage and attribute that income to Dad for purposes of calculating support. A lot of factors go into whether and how much when it comes to spousal support. Actual income is only one factor. Yes, he has to help with financially supporting the children.
If you are working and he is not there is a possibility the judge court order you to pay spousal support however the court will expect him to get a job and can order him to do a job search if he is not working since you have children. Any spousal support order made against you could be offset against his child support obligation.
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Sadly, there is a chance that you may be ordered to pay child support based on the Dissomaster / Family Court Guideline numbers.
There are many steps you can take to reduce your exposure. Some important ones are: 1. Get as much physical custody of the kids as possible. The more child custody you have, the less likely that you will have to pay support. 2. File a Regnery motion in which you argue that your husband should have imputed income as there are jobs (and you will have to list them) that your husband could do but won't. 3. Get an employment efforts order that requires your husband to look for a Court ordered number of jobs each month.
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