I have been a stay-at-home father for more than a year. Although I currently receive no disability benefits, I am physically unable to work. Will my wife be able to sue me for child support?
We are also in the process of selling a house and might split the money. If we do that, is she entitled to another 50% of that money if she spends her half and we then divorce?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Assuming your state is similar to New Jersey, where I am licensed to practice, child support will be determined based on a number of factors including the legal and physical custody arrangements, both parties’ incomes or imputed incomes, medical costs for the children, etc.
Until you have a governmental agency determination of disability, the courts are not bound by your claims of inability to work and could impute you with income similar to your previous occupations.
As for the sharing of the proceeds of the marital home, it would be advisable to file a complaint for divorce as soon as possible in order to set an end date for mutual responsibility for spending, etc.
However, this needs to be weighed against the disadvantages to an immediate file as it relates to custody and child support.
The specifics of your case will be important to the final determination so it is critical that you seek the guidance of an experienced family law attorney in your area who can help you create a comprehensive plan for your divorce after presenting the pros and cons of all available options.