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  • My wife is refusing to work

    Back Ground

    My wife has jumped from job to job over the complete term of our marriage about 9 years. Last years She went back to school and graduated. She is now refusing to work full time until a full time position opens where she is working now. I have told her on numerous occasions that it would be in everyone's best interest for her to work full time. She refuses.

    Everyday I print off any job ads that suit her skill set that are Full time. I also forward to her via email. Will I have to pay her support if she is refusing to work?

    I make about 85k and if she worked full time she would make about 45k. We have 2 kids.

    Thanks again everyone!

  • #2
    It sounds like you have proof that she could be employed full time.

    Basically, you'd have to go to court and have them impute an income to her. The court would say that her income should be 45k, and it'll be your responsibility to prove that this amount is fair, and that she should be employed full time.

    She will argue that it's not fair.

    How much is she currently making? It'll cost you to go to court, so you have to decide if it's worth it. If the kids are 17 and it's only to save a few dollars a year, it may be best to just shut up and live it out. But, if the kids are 2 and it's a thousand dollars a year, it may be worth it.

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    • #3
      She makes $18.00 an hour part time. Full time is about $21. Our kids are 8 and 14.
      She is turning down full time jobs because its not where she wants to work. I have recordings of the voicemail that one company left. I also have an email she sent me that says she wont work anywhere but the place she is currently working part time.

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      • #4
        How many hours does she work part time?

        If there are non-quantitative reasons for her to stay where she is, she may win.

        If it's closer to home, or if she prefers the work there, she may have a good argument. Someone has a right to do whatever job they want, within reason.

        If I wanted, I could quit my fairly good job to change careers if this is what I wanted. The courts can not really dictate what job I should or should not take.

        If she has close to full time hours, you may not have a strong case since it's only 3$ per hour.

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        • #5
          Part time on average about 20 hrs per week. Plus she gets on calls which she turns down on occasion.

          Her job now is close to home but so is all the other places. The other full time jobs are higher paying as well.

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          • #6
            Going to court is useless because I am sure she will come up with some sort of excuse that will be acceptable by the judge. My wife quit her job because she felt bad for not having the custody of our son. In one of her affidavits she said that she didn't want to look for a job because then she would have to quit again "in case" she got the custody. She still remains unemployed after nearly 5 years of separation. The judges were very sympathetic towards her in all the case conferences we attended. As a result, I was forced to voluntarily double her support.

            Even if you were to succeed in the court process, legal costs will exceed the money saved. Keep in mind support payments are tax deductible but legal costs are not. Do the math and do what I did eventually i.e. keep quiet and don't complain.

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            • #7
              I think singledad99 is referring to spousal support - but is the OP asking about child support? or both?

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              • #8
                Are you already separated? Could your pressuring her constantly to get a FT job may be causing some of your marital problems?

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                • #9
                  We separated on Jan 4th 2010 however we still live in the same house. i am referring to spousal support

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                  • #10
                    Spousal supprt will be based on her employment at the time of separation. Sounds like you are encouraging her now to get a job just to reduce your obligation.

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                    • #11
                      That's right I am. Who wouldn't?

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                      • #12
                        If you accepted her working situation when you were married then you have no right to try to change your obligations now. That is an underhanded move.

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                        • #13
                          I didn't accept her working situation. She jumped from job to job usually after being fired. I think in 2009 she had 6 employers. I finally convinced her to go back to school last year which she did. She graduated in February of 2010.

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                          • #14
                            Then you need to have her income imputed on her. If you can show how she hopped from job to job for no apparent reason then you have a chance. Better if the jobs were not related or if she is not in a specialized industry that has been hit by the recession.

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