If my mother works but father does not, will my mother have to pay alimony?

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If my mother works but father does not, will my mother have to pay alimony?

My father is a narcotics user and an alcoholic. He has a violent record with her and children. None of the charges have fully stuck. She works a good job and supports the whole household. He draws disability but does not readily contribute. Because of the stretches in his charges and the minor glitches he has gotten off because of, she will lose everything in a divorce. They also have a 14 year old. Is there any way to get around him winning everything and keeping him from getting custody of the 14 year old?

Asked on October 4, 2011 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I ca see how you really care abut your Mom and her situation.  And I really do not understand all the details here and why you think that your father will get everything and custody given the situation.  SO I think that it would be best for your Mom to seek help from a really good attorney in the area to discuss all of her concerns.  Now, it is true that she could have to pay him some form of spousal support but that could be temporary and not permanent or maybe not at all. As for custody of your sibling, the court looks to place the child or children where it would be in their best interests.  It does not sound like that would be with your father.  And he or she is old enough to testify and for the court to consider where they wish to live.  He or she needs to stress that they wish to live with the mother because of the drugs and abusive behavior of the father.  And you and your other siblings can also testify to those matters.  Get help here.  Good luck.


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