Legal Question in Family Law in California
Paying alimony to husband in no fault state
My sister just filed for divorce from
her husband of 5 years. They have
one small child together. She makes
over 3 times as much as he does and
pays most of the bills. In addition,
she is the primary caregiver to their
son. Her husband just lives the good
life on her dime and she is finally sick
of it. The problem is that they live in
CA, a no fault state and she will wind
up having to pay him alimony. They
have not had sexual relations in over
3 years due to his unwillingness to do
so. I also think he is having an affair
or is gay. Something is up. She has
not told her lawyer any of this
personal stuff because she says it
doesn't matter since it's a no fault
state. My question is, do his actions
have any bearing on how much she'll
have to pay him or custody? He
wants 50% custody but is never
there for his child as it is. Also, he will
not move out of the house as he
says it is just as much his, even
though she pays most of the bills.
Seems pretty unfair to me. It's one
thing if he stayed home with their
child and was the primary caregiver
but he's not. Is she just screwed?
2 Answers from Attorneys
Re: Paying alimony to husband in no fault state
Yes it sounds unfair and she should have an attorney to assist her or it could get even more unfair. Good Luck, Pat McCrary
Re: Paying alimony to husband in no fault state
She needs to work with her attorney. If father never takes care of the kids, then he won't have primary custody. He'll have to find a job or be imputed with income. This is not unusual, expect for the gender role reversal. Usually the wife is the "apparent" homemaker.
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