I been married for 13 years and my wife told me she wants dirovce. However, she still wants to stay at home with our two kids 13 and 12 years old and not work.

Asked 11/11/2009 under Divorce, Marriage, Alimony | 236 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Unless your wife has no ability to work at all, that's not likely to happen.

Child support, and to a large part alimony, are based on the needs of the person receiving them, as well as the other spouse's ability to pay.  "Need" isn't just based on the situation now.  If your wife has the ability to earn money, her "need" will be determined as if she is earning what she could, and courts call this "imputing income" to a person.  You may have to pay some short term alimony (possibly in addition to permanent alimony) to enable her to go back to school, if she wants, to improve her job skills and ability to earn money for herself.  Otherwise, at the very least, she can earn minimum wage for 40 hours a week if she's healthy, flipping burgers or whatever.

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