Alimony / PSS questions


#1

My friend’s STBX was the dependent spouse in the marriage, but it can be proven that she had an affair starting in Oct 2010 (she didn’t leave the house till April 2011). I know affairs can be one factor in NOT getting support if proven.

Secondly, my friend is already paying her $900 in child support and is financially unable to pay her anything more. He HAD a side business he was working (in addition to his 40-hr job) but has NOT been able to work it due to other obligations since the separation. Can a judge make him continue to work a side business (above & beyond his 40hr job) just to keep her up as they were accustomed DURING the marriage? (Things change…the supporting spouse now has to devote a lot of his time to his minor kids, he has more obligations, housework, shopping, etc) so it would be impossible for him to work a 2nd job as before. Also the dependent STBX works a part time job (by choice) and is 100% capable of working a 40 hr job. Can and should the judge compute her wages at minimum wage @ 40 hrs/ week in the calculations even though she is making less than that? And would the $900 in CS be considered as her income as well?

Thanks!


#2

Child support is not income (as between the parents). Income can be imputed if she is depressing her income in bad faith- in order for her to get more money, she intentionally is under-employed or unemployed. That will be something that the judge will have to decide. Your friend will be able to present his evidence at the hearing, including what his income is and the lifestyle enjoyed during the marriage.