What is the name of your state (only U.S. law)? California
I am getting ready to meet with my husband and his lawyer to go over the proposed martial settlement agreement I drafted. I suspect that his attorney may try to fight me against spousal support and wanted some advice on my argument.
Little background, my husband was awarded temporary spousal support for a lousy $300/mo which basically means he pays a little less in child support now. In his original response he waived spousal support, I suspect he asked for temporary spousal support as a way of clearing some of the child support he would have been in arrears on. If he tries to pursue permanent SS I fully intend on fighting it.
Here are my arguments:
For most of our marriage he has turned down numerous jobs that he has been offered because he didn't want to commute or didn't like paperwork ( I have documentation of this and witness willing to give statements to this).
He has had two GI bills that he has let go to waste and never used so he could have gotten training for a better job.
He currently and for the next ten years has educational training available through the VA that will fully pay for any schooling or job training AND pay him a significant monthly stipend and he won't do it because "he doesn't like school".
In the six months that we have been separated he has done nothing to try and make himself self sufficient, which my understanding of spousal support is it is a temporary way of helping one spouse out until they can become self sufficient.
He currently has the means to be able to go out to restaurants all the time, by video games, take trips, subscriptions to dating sites etc ( all documented courtesy of his facebook page). This is no where near the manner in which we lived so it doesn't match the financial stability of the duration of our marriage.
Does this seem like strong enough arguments against awarding spousal support?