How can I defend the spousal maintenace if it is more than I make in a year? Posted on August 06, 2011

I have a very good friend who is going through divorce in East Texas. They were married less than 2 years. She has gotten a judge to grant her spousal support because she lost her job. She was laid off. The divorce is taking place in a small town she grew up in. Her family seems to be friends with the judge. He granted her $700 a week in spousal support. He does not have children with her. He does have children from a previous marriage that he pays $1000 a month in child support too. He makes $800 a week and can not pay his child support or living expenses if he follows what the judge ruled. The judge said he had to pay the $700 a week until December then they would have another hearing. He can not do it so for the last few weeks he has not paid it. She went back to court yesterday and they are having a hearing Monday. She wants him arrested and put in jail for approx. 704 days. He is scared to death they will put him in jail and he will lose his job, car, he won't be able to pay his child support and he currently is supporting his mom in her apartment. He helps her because she mentally not capable anymore. She doesn't make enough to help him either from her SS checks. The judge was told of child support payments, bills, etc. he pays and his income. Isn't it against some law out there that a person can't pay but a certain perentage of their income for spousal support? I don't feel he should have to pay anything since they have no children together, she is capable of getting another job. There are many jobs available in our area. This all seems illegal for a judge to do. He is suppose to be able to support himself too. Please help, any information would be appreciated. No we are just friends and nothing more.

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