Alimony / Custody / Subpoena


#1

My husband has been having an affair for at least two years. I do have photos and video of him with his girlfriend and he has openly admitted the affair now. During the time of the affair, he refused to get a job because he wanted to coordinate his free time with hers. I want a divorce but do not want to pay this man alimony. What is the criteria used to determine that I would have to pay him alimony when he is the party that chose to continue a long term affair?

For most of my career I have been a work from home mom to make sure I am here for the kids. For about 1.5 years I was required to travel or lose my job. He is stating he was unable to get a job because he was busy being the ‘caregiver’ (kids ages 19, 15, 13) even though he has not done things like take the kids to the doctor, dentist, assist with homework etc. I was able to coordinate my schedule to continue to handle those responsibilities. He is now working since I cut up his cash card and charge card but does not contribute to household expenses and only occasionally buys groceries.

He has also threatened to Subpoena every manager I have had during my career with a large company in an attempt to ‘prove’ I have had an affair during my business travels. There would be no proof and I believe he knows that but wants to create a situation in which my employment becomes a detriment to the company. Does he have the right to arbitrarily subpoena anyone and everyone without cause or proof?

Thank you for the advice.


#2

Your ex may subpoena certain witnesses for depositions and or trial, but keep in mind, his threat is likely empty. It would be extremely costly to subpoena and depose such a large number of people.


#3

What criteria is used in regard to spouses who are able bodied and skilled but refuse to get a job, spending their time with their girlfriend rather than their family?

Does this behavior have an impact on custody?


#4

A judge will make a determination of a party’s ability to earn, past work history, education, and efforts to secure employment to make a determination if the non working party is not working in a bad faith attempt to avoid a support obligation, and may impute income to a party who refuses to work for purposes of support calculations.

All actions on the part of the parents that relate to the children are considered in a custody action.