Legal Question in Family Law in California
My ex husband was notified that he will be laid off June 30, 2014. He states that he cannot afford to provide medical/dental insurance for our two children. I know that Cobra is available and while it is very expensive, I also believe he could get himself and the children covered under the new Obamacare insurance. Does he not have an obligation to continue to provide this type of support for our children? His salary while working was just over $100K. He will receive unemployment benefits and states he will not receive a severance package. Is there any way for me to find out if he will get severance? He's been with this company eight years and I cannot imagine them laying off without a package offer.
He has no intention of looking for work and is happy to ride out the unemployment benefit. Am I correct in assuming that he can file for an amendment to the support based on a hardship? He just adopted one of his wife's children this month as well. I don't know if that will help his case that he now has another child that he is legally responsible for or will her income be included to help him meet his current support order?
Thank you.
1 Answer from Attorneys
The Family code in California requires that both parties be as gainfully employed as possible for their support and maintenance as well as for the children's. Your husband cannot elect to stop working if he has the ability to work. If he chooses that path, the court can impute to him his earlier earning capacity. Please meet with an experienced family law attorney to explore your legal options.
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