dexter
New
Reged: 10/21/07
Posts: 4
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My husband filed for divorce. I make more money than he does because he only works part-time. I have asked him to get a full time job but he won't. Now he wants spousal support claiming he is a stay at home father. Our children are all in school and not disabled. He is not disabled and he has a college degree. We live in Indiana. I have consulted two lawyers, one says that I won't have to pay him and another says that I might have to pay him for up to three years. He told me he won't move out of the house unless I agree to pay him. Can he do this or will the judge make him move out?
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Samsung
Platinum
Reged: 06/14/07
Posts: 2209
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How long have you been married? How much is the equity in the home? Do either of you have 401K's, retirements, etc. These will need to be split.
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dexter
New
Reged: 10/21/07
Posts: 4
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We have been married 21 years. We both have small 401k's that don't total more than 20,000 together. Since the bottom has fallen out of the housing market I would guess there is 40 to 50 thousand in equity. I think we should sell the house but he wants to wait to see of the market gets better
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2248
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You are at risk for alimony due to the difference in incomes but the maximum time it can be awarded is 36 months .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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dexter
New
Reged: 10/21/07
Posts: 4
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How can I be at risk for alimony when Indiana doesn't allow alimony? Also, he doesn't meet any of the tests of the law for spousal support since he is not disabled, we do not have a disabled child, and he is working so why would I be at risk?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2248
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IC 31-15-7-2
Findings concerning maintenance
Sec. 2. A court may make the following findings concerning maintenance:
(1) If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity, subject to further order of the court.
(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and
(B) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment;
the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate.
(3) After considering:
(A) the educational level of each spouse at the time of marriage and at the time the action is commenced;
(B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;
(C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and
(D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment;
a court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree.
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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dexter
New
Reged: 10/21/07
Posts: 4
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I wanted to let you know he didn't get spousal support. My lawyer told me the courts here are very strict about the guidelines for support and he didn't fit any of the criteria so it was not granted.
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