My husband wants spousal support

[bettyford67]

What is the name of your state (only U.S. law)?California

My spouse wants me to pay him spousal support.
I have our daughter who is 17 years old and a 19 year old in college.I can not afford this especially since he does not pay child support. I am scared to divorce him because I can not afford spousal support. Can you tell me if I have a good chance of not having to pay spousal support?

he is not employed
lives with his girlfriend.
He also wants me to pay for him to finish college
He wants me to pay for his health insurance and he wants 500.00 a month spousal support.

During our marriage we both worked and made very near the same amount of income. I think I may have made a couple thousand more a year than him at some points.. but overall it was very close and there were times he made more than I did.
Also We have been separated for 4 years. I want a divorce but can not afford all this. I want him also to be forced to pay some child support. Will I be able to get a support order in spite of the fact that he is not working?

 

[mistoffolees]

What is the name of your state (only U.S. law)?California

My spouse wants me to pay him spousal support.
I have our daughter who is 17 years old and a 19 year old in college.I can not afford this especially since he does not pay child support. I am scared to divorce him because I can not afford spousal support. Can you tell me if I have a good chance of not having to pay spousal support?

he is not employed
lives with his girlfriend.
He also wants me to pay for him to finish college
He wants me to pay for his health insurance and he wants 500.00 a month spousal support.

During our marriage we both worked and made very near the same amount of income. I think I may have made a couple thousand more a year than him at some points.. but overall it was very close and there were times he made more than I did.
Also We have been separated for 4 years. I want a divorce but can not afford all this. I want him also to be forced to pay some child support. Will I be able to get a support order in spite of the fact that he is not working?

Some facts need to be clarified:

1. How long were you married?
2. You state "I have a daughter" but then you say he doesn't pay child support. If the daughter is his daughter and lives most of the time with you, then child support would be reasonable. If the daughter is NOT his, then he shouldn't have to pay child support - go after the girl's father. Where does the child live?
3. You state that you've been separated for 4 years. Is that legally separated or simply moved out of the house? if you're not legally separated, then he's guilty of adultery. That is likely to reduce any alimony you'd have to pay. The fact that he's been on his own for 4 years and used to make as much as you would also argue against alimony.
4. Your younger daughter is 17. It is likely that you'd spend as much money trying to get support as you'd get in support before she turns 18. You're going to have to see if support continues for full time students in your state (Google it). If so, it might be worth pursuing. The fact that he isn't working doesn't preclude support - unless there's a reason he CAN'T work. If it's simply a choice, you would go back to his working years and point out that he has earning ability similar to yours and therefore alimony isn't appropriate, but child support is.

You should really see an attorney. It will probably be less expensive in the long run than messing around.

 

[CourtClerk]

3. You state that you've been separated for 4 years. Is that legally separated or simply moved out of the house? if you're not legally separated, then he's guilty of bigamy. That is likely to reduce any alimony you'd have to pay. The fact that he's been on his own for 4 years and used to make as much as you would also argue against alimony.

He's not married, he's shacking up with some chick. That doesn't make him guilty of bigamy. Although cohabitation is a reason to reduce the amount of alimony, however the bigger issue which works in the OP's favor is that they have been separated for 4 years. Whether legally separated or not, the court is likely not to award spousal support in CA for someone who has already been supporting themselves for 4 years without it, UNLESS it is a long term marriage and there are extenuating circumstances. Again, that will be when the cohabitation comes in...

4. Your younger daughter is 17. It is likely that you'd spend as much money trying to get support as you'd get in support before she turns 18.

IMO, a few months of CS, which unless the child is still a junior in high school isn't worth it, especially from someone who isn't currently working.

 

[LdiJ]

I pretty much agree with the others. 4 years separated plus cohabitation makes alimony very unlikely.

Don't agree to pay for college for him, pay alimony, or health insurance. You can't provide the health insurance anyway, once you are divorced. I don't know any employer plan that allows for that.

 

[mistoffolees]

He's not married, he's shacking up with some chick. That doesn't make him guilty of bigamy. Although cohabitation is a reason to reduce the amount of alimony, however the bigger issue which works in the OP's favor is that they have been separated for 4 years. Whether legally separated or not, the court is likely not to award spousal support in CA for someone who has already been supporting themselves for 4 years without it, UNLESS it is a long term marriage and there are extenuating circumstances. Again, that will be when the cohabitation comes in...

Sorry, it was late. I meant 'adultery', not 'bigamy'.

But I agree that after 4 years on his own, it would be unusual for him to get support.