Will I be awarded alimony for being a stay at home dad?

Divorce Attorney Angela FoyQuestion:

I was denied alimony because the judge said I was an “able-bodied man capable of finding work.” Keep in mind I put aside my career and was the primary caregiver for our children while my wife traveled for much of the time for work.

Shouldn’t I be awarded at least temporary maintenance so I can go back to school in order to find employment at a liveable wage? Can I go back to court to have spousal support reconsidered?

Answer:

Your options regarding maintenance depend on what the exact order from the court says in your judgment of divorce.

You may not be able to modify the maintenance order if it was waived by you both. If that is the case, you must appeal or move the court to reconsider.

If it is modifiable, in most jurisdictions, you will probably have to prove material change in the circumstances upon which the ordered payments were predicated.

You should contact an attorney who is licensed in your state to further discuss the specifics of your situation. Cordell & Cordell does represent clients nationwide. Thank you for submitting your question.

 

Angela Foy is an Associate Attorney in the Milwaukee, Wisc., office of Cordell & Cordell where her primary practice is exclusively in the area of domestic relations. Ms. Foy is licensed to practice in the state of Wisconsin, the U.S. District Court, and the Eastern District of Wisconsin. 

 Ms. Foy received her Bachelor’s and Master’s Degrees from the University of Notre Dame. She then continued on to receive her Juris Doctor from Marquette University.

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