I work two jobs and nearly 80 hours a week to support my family because my wife refuses to work. I have been doing this for years.
Will my alimony and child support payments be based on these outrageous work hours or will a judge calculate payments based on a reasonable work week that hopefully I can return to post-divorce?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska alimony and child support laws where I am licensed to practice.
Alimony and child support is a very fluid topic in the states I practice in. Support can be based on a 40-hour work week or it can be based on the actual work performed at the time of filing, including overtime and second jobs.
Another example would be a Judge looking at three years worth of tax returns and taking the average of the three years, or even looking at the highest of the three years. All of these are plausible options in my jurisdictions, and judges have a pretty broad spectrum of options and it is at their discretion which option is best.
Through discovery and proper preparation, one could reasonably argue that an individual should only be expected to work a normal work week at one job, in order to continue a meaningful relationship with their children. However, dependent on your court system, this may or may not be an effective argument.
As to the specifics of the spousal support, each situation is different. Some jurisdictions investigate the reasons a spouse has not worked along with the length of time they have been removed from the work force.
Is their a medical condition preventing the spouse from working? Was the spouse raising the children and taking care of the homes? Did the spouse give up a career to do the same? What was the spouse’s earning capacity? What is their earning capacity now?
This is a very small list of the information divorce lawyers must ascertain in order to determine if spousal support is likely and the amount that would be likely. Again, the court in my jurisdictions has pretty broad discretion to determine the amount of spousal support and what numbers are used in calculating the same.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.