turning the tables on spousal support

[rlgrlg005]

What is the name of your state? California

The question relates to spousal support and child support in Calif.

In California, couple married for 18 years. During most of marriage and in most recent years, Wife was sole wage earner while Husband took care of child and home. Couple getting divorced, share physical custody of child 50-50.

Husband filed for spousal support and child support 2 months ago because he could not find good job.

Wife continues to work at same salary she had during marriage.

Court date for Husband's support motions are in 1 month.

In meantime, Husband gets job offer to start new job in one month for salary $10,000 more than wife's. Both would be earning more than $70,000 per year.

Question 1: Can Wife now turn the tables and get Spousal Support from Husband since he is earning more than her, even though she is self-supportive? (Assume wife can get minimal child support)

Question 2: Even with Husband's new job starting in one month, can Husband collect child and spousal support for period starting with date of Motions and ending with start of employment? (Assume Husband shows court that he could not get work during period of unemployment)

Thank you.

[BethM]

No one can answer you for sure...

1. It's doubtful, depends on a lot of things though. Did the wife end up keeping the home, has she incurred debts or other expenses due to the divorce that have had a negative impact on her income? If her standard of living has not decreased and her income not been affected negatively then more than likely not.

2. He possibly could. Is he having to start over as far as providing a home for himself and his children? Did he incur debts due to the divorce? Even though is income has increased will there still be a period of time needed to recoupe his previous lifestyle? He might could get some rehabilitative alimony.

Sounds to me like it would be a draw and he and her both should be happy to move forward. If the children are split between them 50/50 and they both have decent incomes why not move on with their lives?