bobbymcgee
New
Reged: 03/10/08
Posts: 3
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I will be receiving spousal support in my upcoming divorce, but I believe my spouse may try to use my past alcohol use to lower the amount of support provided. I know California is a "no fault" state and that there are 14 factors judges use in determining support. However, the last of the 14 factors is so ambiguous "other just and equitable factors". Can alcohol use fall into this catch all & to what degree can this impact the amount of support?
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siobhan
New
Reged: 03/10/08
Posts: 8
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I also have this question. I have a history with alcohol and prescription pain killers and I am very worried what might happen to my spousal support (we have been married for 15 years, no kids). He has been incredibly emotionally and verbally abusively and twice physically abusively. I've had long periods of sobriety, but many relapses. I've finally got my act together, but I don't have much time sober. He doesn't even know what I'm planning -- I've afraid of this guy sometimes (I have a cell phone, keys, cash, and credit cards on me at all times). My family is very supportive. They finally realize he is bad news for me (he has actually been quite a sabatuer -- although my problems are MY problems and I fully realize that). I am very active in AA, have sponsor (talk to daily), outpatient program twice a week, went to rehab (sent myself -- honest), attend daily AA meeting. Whole nine yards. I'm really enjoying life again.
But I do worry what will happen with spousal support. I saw my lawyer today and we are trying to cool the situation down (things are calm at the moment) and get a few things together before I get him or me out. I worry how he will react to the news and I need to have a plan in place.
I live in Virginia. Another "no fault" state. But he can and will say I contributed to the break-up of the marriage. He says I'm to blame for everything all the time anyway(including the physical abuse -- I caused it). In one case he says he was "helping me". I had stumbled (totally sober) and he "helped" me so much he left bruises all over my arms. Including distinct fingermarks. This was all witnessed by his sister, brother-in-law and their three kids. And the bruises we seen by several people. He really lost it.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 560
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I just had this issue before the court. The judge determined that the disease of alcoholism does NOT render the party free from responsibility of earning their own livelihood. He cited case law and that the civil and criminal courts hold a person responsible for their actions, even if they are intoxicated. What this means is that you cannot use alcoholism or the addiction to alcohol as an excuse not to return to work. But since CA. is a no fault state, it will matter very little to the court WHY you are getting a divorce. If you worked in the past but were fired because of alcoholism, you could still be held accountable in the sense that the court would view your being fired as "voluntary".
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bobbymcgee
New
Reged: 03/10/08
Posts: 3
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I understand this, but I am employed. I do earn a living, but significantly less than my spouse. I am wondering if anyone knows how significantly alcohol use can be used to alter the actual spousal support figure. From the standard formula of 40% of a spouse's monthly net income minus 50% of the other spouse's net income, how large or small can the figure be adjusted?
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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A history of substance abuse is more likely to work in your favor than against you when seeking support. Formulas only give guidance. Judges have wide discretion in setting alimony awards.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 560
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KGrow is correct in this. The court does have wide discretion. When setting permanent spousal support, all the factors in CA. Family Code 4320 are to be considered and balanced. If you are working below (for less)than your income potential or employment history, that could be considered under-employed. You will need to have a valid reason for that. But if alcoholism is not hampering your ability to earn an income, and your income historically is less than your spouses, then there is no reason for the court to even consider the alcoholism. There is no fault. If you are working to your full potential and your ex simply makes more, than an award for spousal support may be in order if all the factors in 4320 are properly balanced. You know the factors: length of marriage, time off to care for children, helping with the education of former spouse, domestic violence, ability to pay, need, health, age, standard of living during the marriage, etc. The court should come to a "finding" on all the factors in 4320 at the hearing. The use or abuse of alcohol is not one of them.
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