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My husband has quit working and making money during the whole divorce process to avoid paying cs and anything else for that

San Diego, CA |

matter. Will I be able to get spousal support payments if he continues to not work?

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Attorney answers 2

Posted

Maybe. The court should impute him with the income he can earn if he applied himself. Therefore, if you have custody he will owe you child support and he may also owe you some spousal support. This will be serious pressure on him to get a job to avoid being in contempt of court.

Posted

The Courts generally don't look kindly on a parent or spouse who quits work to avoid his/her support obligation, and the Court has the discretion to impute income in that situation.

You'll need to establish for the Court that your husband has the ability to work, and has the opportunity to work. This generally involves looking at his education, training, certifications, resume, job and income history, etc., and also proving up job openings in the newspapers or some of the well-known online job resources (Monster, CareerBuilder, etc.). If you meet your burden of showing his ability and opportunity to work, including the possible income of those opportunities, then the burden shifts to him to prove up why he can't do that work.

It's not a fun process, but it's doable.