Ask A Lawyer: Will a Court Favor the Wife When Unemployed?

Question:

My wife quit her job the day after I asked her for a seperation. We are going to court soon and I am worried that the court rule in favor of her due to her unemployment in this current economic situation. We always agreed we would both work and support our children, now she wants to be a stay at home mom. Does the court recognize this situation when it comes to alimony and child support? Will I now be the sole person who is financially responsible?

 

 

Answer:

Consult your state’s laws or guidelines concerning child support calculation.  Many times it is possible to impute income to a parent if they are unemployed, especially if she left her job for no good reason.  Imputing income to a parent does not force that parent to get a job at that level. It merely sets the amount of child support as if the parent were earning that income.  The parent can then decide whether he or she needs additional income.

Also, find out if your state has alimony or if they call it maintenance. The "current economic situation" is not relevant to your situation. Her attempts to find employment are far more relevant.

 

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.

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