Can the spousal support be granted even if the one who seeks is the one breaking the law? 4 Answers as of September 25, 2013

My soon to be ex is collecting unemployment. He is filing for spousal support he has been on unemployment for about 6 months and recently told my oldest daughter that he is "taking a year off". Basically not looking for work at all and I am the one who is going to have to pay for it. If I report it to the unemployment department and ultimately they audit his case and find that he has not been actively looking for work and possible revoke his payments. Will that hurt me even more since then he will have no income?

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Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
If you are in the process of the divorce, you should simply take the position that your husband is not entitled to spousal maintenance. From there, the court will look at many factors in assessing whether he is entitled to spousal maintenance, including his efforts to find work. Whether you choose to make a report to the unemployment office is up to you, however that report will not have too much effect on the orders entered in a divorce; they are separate matters. Your daughter, if she is over the age of 18, could potentially be a witness and testify in the divorce trial regarding his refusal to work as well.
Answer Applies to: Arizona
Replied: 9/25/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
What will happen in your situation depends on the law of the State you live in.
Answer Applies to: New Jersey
Replied: 9/24/2013
Kevin H Pate
Kevin H Pate | Kevin H Pate
Not working and being unable to work are different, and the court knows this.
Answer Applies to: Oklahoma
Replied: 9/24/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
If he is not looking for work, for support purposes, he should have income "imputed" to him at his market value. If you do not have an attorney, get one.
Answer Applies to: Michigan
Replied: 9/24/2013
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