Alimony


#1

I have been the dependent spouse throughout our 20 year marriage (15% me, 85% him). We have minor children at home and the court awarded me the home in an interim distribution. The care and upkeep of the home is a high cost. He left the marriage and committed adultery. I wish to stay in the home with the children.

In regards to child support he was found to have suppressed his income in bad faith and he was not allowed to modify. He has not returned to his higher paying job but living off his new spouse. We are entering the ED trial and alimony trial. How will the court view his reduced income in regards to alimony. If he was found to have decreased it in bad faith in regards to CS can I expect the same in regards to alimony. Plus, how will I get an alimony payment from him if he refuses to return to his higher paying job. He depleted all his savings and retirement. He only owns a house (not much equity) and 2 cars.

I guess the main question is can the court find me still to be a dependent spouse and he the supporting if he dropped his income to close to my level since the divorce. Also, will the fact that the court already found him acting in bad faith in regards to CS, help in my alimony case or will his reduced income and inability to pay hurt me.


#2

If the court found your spouse to be depressing his income in bad faith for purposes of child support, and you present the same evidence in terms of alimony I believe there is a good chance the judge will find a bad faith depression of income for alimony as well, and find that he is a supporting spouse.