How Does Equitable Distribution Work When Neither Spouse Has Employment Income?

Income is just one of several factors in determining equitable distribution in Alabama divorce cases; the value of each party’s separate assets also matters, as does each party’s financial obligations unrelated to the marriage, such as living expenses after the divorce and payment of nonmarital debts.  If one spouse is capable of working but is not employed, the court can impute income to him or her.  What happens if neither spouse has any employment income, though?  It happens all the time.  Everyone knows that the economy stinks, and there are plenty of families where no one has anything more than some unpredictable gigs to sustain them, and this financial stress does not help the stability of anyone’s marriage.  No matter how dire the family’s circumstances, the court must still apply the statewide child support guidelines to determine the parents’ respective shares of financial responsibility for the children, and except in cases where the parents have nearly equal income and nearly equal parenting time, it almost always orders one parent to pay child support to the other.  A Birmingham child custody lawyer can help you if your financial situation is dismal, and your court-ordered child support obligations are making it worse.

When the Court’s Order Forces You to Choose Between Meeting Your Child Support Obligations and Exercising Your Parenting Time

A couple’s financial situation went from bad to worse during their four years of marriage.  They lived together in Colorado, where their two children were born, supporting themselves with savings the husband had acquired before the parties married and with the settlement money the wife received from a wrongful death lawsuit arising from her father’s death.  The marriage fell apart because of domestic violence, and when the parties separated, the wife moved to Alabama with the children to live with her mother, stepfather, and stepbrother.  She filed for divorce in Alabama several months after moving.

The husband moved to Virginia, where he worked in a hotel, earning slightly more than minimum wage.  It based his child support obligations on this income and did not impute any income to the wife.  The court granted him one four-hour visit per month with the children.  This required the father to travel thousands of miles and spend about $1,500 per month on travel.  Child support payments plus travel costs to exercise his parenting time took up most of his monthly income.  The father appealed the child support order, and the appeals court ruled that the court should impute income to the mother.  It also ordered the trial court to find a more feasible way for the father to exercise his parenting time.

Contact Peeples Law About Modifying Your Child Support Obligations

A Birmingham family law attorney can help you get your fair share of parenting time, even if your budget is stretched thin and you and your ex-spouse live in two different states, such that co-parenting requires a road trip.  Contact Peeples Law today to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=2324135707139766161&q=divorce+hotel&hl=en&as_sdt=4,61,62,64&as_ylo=2014&as_yhi=2024