Spousal Support for Husband

[amyehd]

What is the name of your state (only U.S. law)?
Illinois
I have been married almost ten years, and we have two small children of our own as well as three teenagers (two are his, one is mine). My husband was employed until 2005 when he suffered a work related injury. In Jan 2007, he received a large settlement (100,000+). We paid off some cars and our second mortgage and he used the rest to open a bar/rest. After about a year, and having used all the settlement money, our savings and incurring a new second mortgage, the bar was forced to close. We filed Chapter 13 to save our house. I remain the only financial support of the entire family. He has worked some landscaping and had a job that he quit after one month. He snowplows in the winter. He was denied SS disability and his Dr. says he can work. In Oct. 07, he relapsed into cocaine use after 5 years sober. In Jan 09, there was a domestic in which police were called and he was arrested for battery. After enrolling in treatment and anger management, he plead down to disorderly conduct. We reunited. He has since began using again and is verbally abusive. DCFS has indicated a case against him because the children were present during the battery. I struggle to pay the bills, he still has no job. He currently stays home with the two little ones, as I cannot afford to pay for day care unless he has a job. The lawyer I contacted has indicated that I may have to pay him spousal support because he has no job. He has take advantage for all this time, and now I have to pay him in order to get out odf the marriage? I intend to seek residential custody of the children. Will any amount he is required to pay for child support offset the spousal support? What if he never gets a job? What do you think?

[Bali Hai]

Originally Posted by amyehd

What is the name of your state (only U.S. law)?
Illinois
I have been married almost ten years, and we have two small children of our own as well as three teenagers (two are his, one is mine). My husband was employed until 2005 when he suffered a work related injury. In Jan 2007, he received a large settlement (100,000+). We paid off some cars and our second mortgage and he used the rest to open a bar/rest. After about a year, and having used all the settlement money, our savings and incurring a new second mortgage, the bar was forced to close. We filed Chapter 13 to save our house. I remain the only financial support of the entire family. He has worked some landscaping and had a job that he quit after one month. He snowplows in the winter. He was denied SS disability and his Dr. says he can work. In Oct. 07, he relapsed into cocaine use after 5 years sober. In Jan 09, there was a domestic in which police were called and he was arrested for battery. After enrolling in treatment and anger management, he plead down to disorderly conduct. We reunited. He has since began using again and is verbally abusive. DCFS has indicated a case against him because the children were present during the battery. I struggle to pay the bills, he still has no job. He currently stays home with the two little ones, as I cannot afford to pay for day care unless he has a job. The lawyer I contacted has indicated that I may have to pay him spousal support because he has no job. He has take advantage for all this time, and now I have to pay him in order to get out odf the marriage? I intend to seek residential custody of the children. Will any amount he is required to pay for child support offset the spousal support? What if he never gets a job? What do you think?

What goes around, comes around.

[amyehd]

Bali Hai,
What exactly do you mean?

[LdiJ]

Originally Posted by amyehd

Bali Hai,
What exactly do you mean?

Please ignore Bali. He is very bitter about the fact that he has to pay spousal support, and therefore thinks its really great if a woman ends up having to pay spousal support.

No one here can predict what will actually happen in your case. However, if a local attorney is telling you that spousal support is a possibility, then its likely that it is.

Most often spousal support and child support (if paid by different parties) due offset each other to one extent or another.

[Bali Hai]

Originally Posted by LdiJ

Please ignore Bali. He is very bitter about the fact that he has to pay spousal support, and therefore thinks its really great if a woman ends up having to pay spousal support.

No one here can predict what will actually happen in your case. However, if a local attorney is telling you that spousal support is a possibility, then its likely that it is.

Most often spousal support and child support (if paid by different parties) due offset each other to one extent or another.

Not quite LD, I love to see women hit the roof and fly out of control when ordered to pay alimony!!

[IsabellaSoriano]

Originally Posted by Bali Hai

Not quite LD, I love to see women hit the roof and fly out of control when ordered to pay alimony!!

there you go again, trouble maker

[amyehd]

not hitting the roof or flying out of control, just don't think it's fair that i would have to support someone who is perfectly capable of supporting himself. We didn't decide he shouldn't work, he just won't keep a job because "it's too hard, or I'm not getting jerked around, or it's stupid"

[Bali Hai]

Originally Posted by amyehd

not hitting the roof or flying out of control, just don't think it's fair that i would have to support someone who is perfectly capable of supporting himself. We didn't decide he shouldn't work, he just won't keep a job because "it's too hard, or I'm not getting jerked around, or it's stupid"

Sorry, but you agreed to his behavior for almost ten years and now you may have to pay for that.

That's what I heard when I was ordered to pay alimony.

I know how you feel and it sucks to be responsible all the years in the marriage and then ordered to pay the irresponsible spouse as a penality, but that's the way the law works.

Think about joining a group of people like yourself who want to overhaul the alimony laws.

In the meantime, don't forget to write that check each month.