Question:
I was married 18 years. 3 children - the last one just graduated high school. Wife has LPN license, but has not worked full time for many years, she mostly worked in home care under the table. I filed for divorce in June 2006. She was already on probation for a theft charge. To make long story short, she was arrested on a felony drug theft charge, had a DUI & several other traffic violations in a short period of time, lost her driver's & nursing license & spent 6 months in correctional facility. I was awarded custody of son & house. Now she is out & wanting $1500/mo in support & her attorney fees paid. She lives w/her sister & works 20 hours/wk at $8/hr. She says she can't find anything else. Her divorce attorney is also criminal attorney. My question is will the court look at the circumstances preceding & during our divorce to determine support? My understanding of spousal support is that it avoids an unfair economic consequence of divorce. The divorce was not the source of her financial problems, her drug problem was. Any advice would be helpful.
Answer:
I am not licensed in Ohio and a determination of spousal support will based on the laws of Ohio. You should also seek the advice of counsel in Ohio. Spousal maintenance is usually at the discretion of the Court. You make a valid argument that her financial problems are of her own making. At the very least maintenance should be determined based on what she would be making as an LPN not on her current earning ability.
