# Filing for divorce, but wife is currently job-less



## Houstondad (Jul 6, 2011)

Some of you are familiar with my situation Currently, I am planning to file for divorce. But my wife currently is not working and her father is helping me and the kids financially. If I file for divorce, how will I know how much she needs to pay in support since she left the kids and I to try to find work in another state. Is it better to wait till she gets a job? I don't want to wait too long and allow her to establish residency which will make things even more complicated. I am hopeful this divorce can be done as a DIY with just minimal advice from an attorney. In case you don't know my story: My wife's affair back in October was brought to light, and she still admitted to her commitment to the OM until the affair burned in May. Wife stayed with cousin over summer and returned only to move back after a week at home. I currently reside in Texas where "abandonment" is considered a year away and adultery needs to be "proven".


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## Ten_year_hubby (Jun 24, 2010)

Base your support demand on a budget created using actual expenses. Her ability to pay is not your concern


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## COGypsy (Aug 12, 2010)

Ten_year_hubby said:


> Base your support demand on a budget created using actual expenses. Her ability to pay is not your concern


:iagree:

Yep--child support is generally formula-driven for the most part and it's an obligation. If expenses are _x_ and custody is _y_ then payments are _z_. It doesn't matter if you're employed, unemployed, male or female....the presumption is that children have to be fed, sheltered and clothed regardless.


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## SadSamIAm (Oct 29, 2010)

But isn't it also based on Income. For basic amounts it might be a formula, but for people that have larger incomes, the payments go up.

I think what they do is 'impute' an income. What she was making or is expected to be making.


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## Houstondad (Jul 6, 2011)

She was making around 55,000. But until she gets a job, there's no telling how much she'll make. She even hinted at a part-time job for the time being. That just tells me she has no intention on moving back home.


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## SadSamIAm (Oct 29, 2010)

Here in Canada, support is based on what you are capable of earning. Not what you are earning. You can't just start working part time and not look after your responsibilities as a parent or spouse.

The same for you though. They would impute an income that you should be able to earn as well.


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## PBear (Nov 16, 2010)

Around here, support is table driven off of last years tax return (or last 3 years). Voluntary under employment is not a defense. Talk to a local lawyer, though.
C
_Posted via Mobile Device_


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## Houstondad (Jul 6, 2011)

I'm sure my lawyer will tell me when I sit down to talk specifics, but if I incured a student loan while we were married (during the last 2 years actually), she may be responsible for some of it, correct?


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## SadSamIAm (Oct 29, 2010)

yes, i believe everything you acquired (assets and debt) during your marriage is to be divided equally.


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## Almostrecovered (Jul 14, 2011)

out of curiosity does she know yet that you're filing?


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## Jellybeans (Mar 8, 2011)

She better get a job


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## Houstondad (Jul 6, 2011)

Almostrecovered said:


> out of curiosity does she know yet that you're filing?


She doesn't know as far as I know. I haven't told anyone except here on this board and my counselor once I see her this week. Some people think I should forewarn her, others think I shouldn't. I'm leaning towards NOT warning her because;
a) she has too much free time right now and who knows what she may try to do.
b) my kids are with me but I wouldn't want something unexpected to happen where they're suddenly gone?
c)She lives out of state. She's only been there for a month, but I would prefer to file first so she would have to come here to do the paperwork, etc.


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