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?