I pay all living expenses for both of us and we have 4 kids. She wants the summer off. I work full time m-f and I asked her to get a summer job and she refuses.
You cannot "force" anyone to get a job. If you are paying spousal support, you can ask for a reduction of support if you can show a substantial and unanticipated change of financial circumstances; but if your divorce was recent, it's unlikely that this is a sudden change so as to justify modification. If you are paying child support, then you can also ask for a change based on changes in income; but bear in mind that if she was working at the time you were divorced and the order was entered, then your support obligation is based on her income when she was working. If it were modified now, then you'd likely end up paying her more, because her income has decreased - unless you could show that she should be 'imputed' higher income because she could work but chooses not to. This is the only real way anyone can be "forced" to work in the context of family support.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
If you are already divorced, whether or not she works during the summer should have no impact on your obligation to pay expenses, etc.. There is no law that I know of that would permit you to require someone to work, especially a teacher, who commonly has a 10-month work schedule.
Please mark "best answer" or "helpful" if you found my reply to be the best or helpful. This is intended as general legal advice and not intended to create an attorney/client relationship.
I don't understand what you mean by you are paying for all the expenses. Generally in a divorce spousal support and child support are based on someone's annual needs and it is prorated over 12 months. The fact that she has a summer school break doesn't probably change the amount she needs from you overall. She may be spending time with the children or working to save money for school expenses. It's hard to say if her plan is or isn't reasonable without knowing all the facts. I think you need to talk to an attorney about this. I am also wondering why your divorce didn't take into account her school schedule.
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline