Alimony Calculations

[Sokols]

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

I was married 25 years. My husband our entire marriage out earned me 3 to 1. When I filled for divorce he was layed off from his employer at the very same time, and hasn't worked since that time which is now 2 years. He is now taking me back to court for alimony which was the only decision left pending on the divorce settlement. Is there a CA formula to determine what I may have to pay him and for how long. I truely believe he could be working and won't seek employment. His parents are supporting him at this point in time. Also is there a place or way that I can find out if he is actually employed currently?What is the name of your state (only U.S. law)?

 

[mistoffolees]

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

I was married 25 years. My husband our entire marriage out earned me 3 to 1. When I filled for divorce he was layed off from his employer at the very same time, and hasn't worked since that time which is now 2 years. He is now taking me back to court for alimony which was the only decision left pending on the divorce settlement. Is there a CA formula to determine what I may have to pay him and for how long. I truely believe he could be working and won't seek employment. His parents are supporting him at this point in time. Also is there a place or way that I can find out if he is actually employed currently?What is the name of your state (only U.S. law)?

There isn't a rigid formula like there is for child support.

You should ask for him to have income imputed for what he was making previously. The court may not choose to do so unless they believe that he could be earning something similar if he wished. They may simply impute minimum wage to him.

You will be arguing that his unemployment is voluntary and he is not making any effort to find a job so you shouldn't be forced to pay alimony. In addition, you will argue that he has managed to get by for 2 years without receiving alimony, so it's not necessary.

Whether those arguments will be sufficient will depend on the judge. You might want to get a quick consultation with an attorney who is familiar with the judge that you have.