Legal Question in Family Law in California
Do I have to pay alimony if my husband is capable of working?
Three years ago my husband quit working. He decided to stay home with our children, since he didn't like working for other people. He has a batchelors and master's degree from Hayward State University. He managed a Kinko's for a few years got but got laid off. He then work for a soccer retail store but quit. Finally he worked for a real estate office and quit that too.
I am an exray technician for Kaiser and have been there about 20 years. I make about $90,000 a year.
He is more than physically able to work and educated. If we divorce, would I have to pay him alimony? Our children, ages 7 and 9, are in school full time.
3 Answers from Attorneys
Re: Do I have to pay alimony if my husband is capable of working?
You would probably have to pay spousal support for a period of time. However, you could get a work efforts order. This order would require him to actively seek employment. With his education he should be able to obtain some type of employment. The goal in California is for the supported spouse to become self supporting in a time that is equal to the length of the marriage. Spousal support is deducted from your income and added to his income.
Retaining an experienced family law attorney would be a wise move on your part.
The more time the children are with you the lower your child support will be.
Re: Do I have to pay alimony if my husband is capable of working?
Probably some alimony for period of time. Law exists under which court would demand he go to work. Call to discuss.
Re: Do I have to pay alimony if my husband is capable of working?
Alimony is a complex issue that requires in depth analysis based upon more detail than you have provided. The court can "impute" income to your spouse assuming that your spouse has the ability and opportunity to work and simply chooses not to. You should consider having a vocational evaluation performed to develop the evidence you will need to be successful in having the court impute income to your spouse.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues including an indepth discussio of spousal support at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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