Will the Judge Make Him Get a J.O.B.?

What is the name of your state? California

This isn't about me, but it's getting my curiosity going... My office mate is divorcing. Listen to this. Her husband does independent contractor work and works from home. She is the main breadwinner and she's a secretary. Since she advised him of her wish to divorce, he hasn't given her a paycheck to deposit into their account. He claims he's not gotten any work for the last six or so months. He stays home and does nothing until the kids come home from school. My office mate is planning to move out. Give him primary physical custody. Continue to pay the mortgage and will be paying child support on three kids. And HE is asking for spousal support! He also told her that if she doesn't agree to this, he will hire an attorney and make her pay his attorney's fees.

Their situation sounds like the reverse of many situations where the ex-wife stays home and the ex-husband must bust his butt to support his children, plus her. But since this is a husband who is sitting around eating bon-bons - will a judge likely tell him to get off his butt and get a job to help support the kids?

Personally, I think she's dumb as a brick - but try telling her that! LOL!

Has anyone had an experience like this?

Thanks!

A judge may impute him an income.

Holly Golightly said:

But since this is a husband who is sitting around eating bon-bons - will a judge likely tell him to get off his butt and get a job to help support the kids?!

Click to expand...

Well. if that judge tells SAHMs who have been the primary caregiver and not working to get off their butts and work, he should tell male SAHPs the same thing. If he would award a SAHP spousal support and not imput income, then the male parent shouldn't be treated any differently ONLY because of gender.

Personally, I don't think either gender should be excused from a responsibilty to financially support their kids

Update

Just in case - you NEVER can guess what a judge will do... My office mate and her husband went to court. The judge decided the husband should remain in the house. He doesn't have to go to work. My office mate (a SECRETARY) gets to support the family as if she were still under the roof - and she has to also support herself. She's thinking she will need to get a second job in order to do all this. Her husband (with the MBA) will eat bon-bons and watch television all day long, care of my office-mate, for the next several years.

Sh*t happens, I guess...

Holly Golightly (oh...btw, I loved your movie), anyway, I suspect that office mate has not shared every single relevant fact with you.

Just a guess....