Payback?
Monday, February 8, 2010 at 11:48AM Lousy moved out in November after 22 years of marriage. Our only child was off to college and I had had enough. Now, I have slowly come to the realization that I was married to a sociopath.
He led secret life for the past 18 months, life as I knew it has turned upside-down. Most of this came to the surface, due to his lack of full-time employment, self-esteem went out the window and everything was my fault. Any-hoo, I have not taken any legal action, because Lousy does not have a job. He has had a few in the past making-six figures, (he has a Masters Degree) but he usually sabatoges it. He does "consulting" in the meantime. And he survives by manipulation and charm and has moved on to his next female victim.
Meanwhile, I'm working to provide for my son & myself and barely getting by. I would like to move on and file for divorce, but my concern is that without him having a "real" job, do I stand a chance of getting any child support.? The jurisdiction where I live requires support for my child until age 21, he just turned 19. Will the court consider Lousy's earning potential? Could he ask for spousal support? OMG!!! - Very Angry
Dear Very Angry:
I'd be pissed too. First, you have to get a good lawyer. The short answer about child support is "yes". It will depend on the local laws, but your lawyer can show income potential, or imputed income, as a basis. There are formulas for determining the amount of support based not only on his current income, but your expenses and income as well. Many Lousys will quit their jobs when the divorce process kicks into gear and try to just shrug and say "sorry, I don't have a job... can't pay". That does not fly.
This is the time to get busy getting organized. Use our worksheets to figure out exactly where you are financially before you go to see a lawyer. You also need to account for all the marital assets. Even if it's just a couple of cars and a slim margin of equity, it all adds up to something. Also get a handle on the debts... you can make him take responsibility for crazy debts that he created, but you have to know what they are and where they are. Including that liablility in your divorce settlement may not clear your name, but if he tries to screw around and not take care of it you can haul him back to court for contempt.
As for the spousal support... don't know about that one. If you can show proof of adultery, then - no way. If he's just a screw up who has relied on you for years for support, then you may be in for it. If he does have a basis for spousal support, then that may reduce your child support potential. I suggest you become the encouraging and supportive spouse that boosts his ego into another good paying position before you hit him with the big D. (Yeah, that's bitchy, but it's all about self-preservation).
Bottom line is: nobody will come out unscathed. Wherever you are in your current lifestyle, expect a downgrade for everyone. Don't start the process until you get your ducks in a row... seeing a lawyer before you are prepared is a waste of money. See this site for other tips, like what to look for in a lawyer, etc.
Good luck!!! - Jane

