Unable to Afford Spousal Support
Simply put, what this means is it is more important to pay spousal support than pay your own utilities, buy food or pay your own rent. As a family law attorney I can’t tell you how many times I have been in court and heard judges say things like, “work harder”, or “it’s time to get a real job” to parties paying spousal support. I once represented a lady whose ex played guitar in a band. His only source of income was playing gigs in bars late at night. Our judge ordered him to pay support to which the gentleman exclaimed there is no way he could afford that payment. He told the judge that he couldn’t go out and look for a normal 9-5 job because he works until two or three am in the bars. Of course, the judge told the gentleman that his ex-wife’s needs were more important than his fledgling music career and maybe it was time to sell his guitar and “get a real job”.
These factors can be tricky and complicated. Make sure you get sound professional legal advice before attempting to argue these factors on your own in court. If you have any questions on these factors, spousal support in general, or would like to discuss how these factors may affect the amount of money you may have to pay, or receive for spousal support, feel free to call us for a free consultation.