Legal Question in Family Law in California

Support to an unemployed spouse

I have been married 19 years, 2 children, 9 & 13. my husband has been unemployed for the better part of the last 6 years. He was layed off his last job and decided to change careers. While trying to get doors to open for him, he has not looked into a part time job. He is fully capable of working. I work full time and have been all 19 years. I only obtain after school care for the 8 year old during the school months.

I want to divorce him and with my income can support the children and me if I am not required to pay him any support or child support.

Can I expect the court to order I pay him support and some child support (assuming joint custody)? I do not want to prevent him from seeing his children, I just don't want to supoort him when he can work but wont' because it's too easy now.


Asked on 7/02/01, 4:32 pm

3 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Support to an unemployed spouse

if the court thinks he is capable of working and is avoiding work then the court may not order you to pay any support at all.

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Answered on 7/02/01, 5:42 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Support to an unemployed spouse

In California, child support is based upon a statutory formula which looks at the amount of time each parent has custody of the children, and their respective incomes. Whether you have to pay would depend upon the amount of custody time you would have. If you are the custodial parent with 80% custody, him with 20% custody, the formula would most likely show you paying some support. However, if your husband has the ability to earn income and is purposfully not working up to his potential, the Court can imply income on him and force him to pay child support. I have seen unemployed persons have minimum wage applied to them, thus causing them to have to pay CS every month. Based upon the facts you provided, he would most likely be forced to pay some support. The Law states that each parent has a duty to support their children, and the Courts do not like it when on parent, especially the non-custodial parent, is not supporting thier children. If you are in SoCal and would like a free consultation give me a call at 818-998-1584

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Answered on 7/02/01, 8:47 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Support to an unemployed spouse

A judge may order your husband to find work and monitor his progress under threat of contempt of court. Practically speaking, once you separate, he will be forced to support himself. Please call me directly at (619) 222-3504.

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Answered on 7/06/01, 11:26 am


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