My mother and father are divorcing after 25 years. Over the past 5 years my father has been addicted to crack/cocaine. He has been arrested 3 times in the past year, spent most of the past year in jail. He does not work and is trying to collected disability. My mother is the only source of income for the two, and pays for mine and my sisters college education. He provides no money to the marriage or to us. We are in Ohio, and I would like to know that since he has a recent (Very recent) drug conviction, and more convictions pending, would my mother be exempt from paying alimony to him?
2006-08-09 10:13:07 · 17 answers · asked by tribe2437 2 in Family & Relationships ➔ Marriage & Divorce
Tri-C and Ohio State.
2006-08-09 13:42:53 · update #1
She should seek serious Legal advice on this.
2006-08-09 10:15:51 · answer #1 · answered by witchfromoz2003 6 · 0⤊ 0⤋
Alimony is usually paid to the woman by the man. Your mom should not have to pay him alimony under any circumstances and as for his jail and drug problems, no judge should be asking your mom to foot the bill with two kids in college. You really need to tell her to see a lawyer and not to trust what your father's lawyer says.
2006-08-09 10:18:34 · answer #2 · answered by Onegoddess 2 · 0⤊ 0⤋
Alimony is like child support only for adults. There however there are guidelines governing how or if alimony should be paid. This a judge takes in to consideration so the courts need to be aware of this habit. alimony does take away from child support amount and is not specify how it should be used like child support.
2006-08-09 10:20:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
probably would have to pay some alimony. However, fault plays into the equation for alimony (no-fault relates to granting of divorce only, not division of property, alimony, or custody of kids)
However, Dad may just walk away from the situation and not get an attorney.
2006-08-09 10:17:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Some one said that alimony is to help with the children. That's not true. Alimony is for adults. She may have to pay, but I really don't know. She should get legal advice on this. Try your local legal aid service, they'd answer your questions better.
2006-08-09 10:19:50 · answer #5 · answered by dlfoster67 2 · 0⤊ 0⤋
She should be able to get any spousal support reversed for a drug conviction. I'm also in Ohio and find it hard to believe that our courts would consider this an option. How is he able to afford a divorce lawyer? Good Luck, What schools?
2006-08-09 10:24:36 · answer #6 · answered by Flagger 6 · 0⤊ 0⤋
She should not be liable for paying alimony to him. Alimony is not usually awarded when someone able to gain employment. If your mother is the only financial support for the family then my guess is that the judge won't give him alimony.
2006-08-09 10:18:42 · answer #7 · answered by m27jean 3 · 0⤊ 0⤋
Depends on how good a lawyer your Dad gets. If he can show that it was all her income he depended on, and he has a slick lawyer and a bonehead judge, it could happen.
Don't take anything at all for granted in a divorce. Get an attorney, get the paperwork signed as soon as possible.
2006-08-09 10:17:38 · answer #8 · answered by cloaked30m 3 · 0⤊ 0⤋
She needs to seek legal adice. Were I live, The law states the who ever has worked throughout the marriage is the one who has to pay. Howeverm if hes cheated on her, or has been physically abused and she cna prove that than she might be in the clear.
2006-08-09 10:17:43 · answer #9 · answered by chicata25 4 · 0⤊ 0⤋
She hasn't any obligation to pay alimony. Which is designed to support kids and allow the person "to live in a lifestyle that they have been accustomed to". Tell your mom not to sweat it. Ain't gonna happen bub.
2006-08-09 10:16:20 · answer #10 · answered by Quasimodo 7 · 0⤊ 0⤋
If your mother can prove this in a court of law than she has a pretty good chance on not having to pay a dime.
2006-08-09 10:17:36 · answer #11 · answered by Not Me 4 · 0⤊ 0⤋