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#771796 - 05/12/16 01:36 PM Wife refuses to support family finacially
paulson Offline

recently joined

Registered: 05/12/16
Posts: 1
Can someone please advise me on this situation?

12 year Alabama marriage with one 3 year old child, all living together.

Husband (me) has worked and steadily supported family financially, probably averaging $60K/year net income.

Wife’s social security income record shows no income generated by her in the entire marital period.

Wife has owned and operated a part-time (20 hour/week) business for the last 10 years that roughly breaks even each year, but with wife receiving zero compensation from her business (business revenue can cover most expenses except her compensation). Yes IRS may classify wife's business as a hobby. Wife believes business will be able to provide personal income someday. Husband has helped with business and invested his time and money in it for years.

Wife is becoming increasingly irresponsible financially and with her business. She does not perform any ongoing bookkeeping (goes through CC and bank accounts in April each year) and does not account for many business expenses. She pays some business expenses from personal accounts. She dropped liability insurance and is currently in violation of her lease has placed us at risk of an injury lawsuit. Wife has recently started letting bills go to collection and damage our credit scores when money is available to pay such bills. Wife collects the mail then stashes letters and ignores them.

Wife has agreed to pursue additional sources of income for at least the last 6 years but has never once secured any job or generated any other income in the entire 12 year marriage period. Wife has strong office, computer and communication skills and could likely obtain a job paying $35K to $70K/year from local employers.

Wife claims she is justified not pursuing or generating net income because she performs majority of child care and because she’s invested too many years in her business and building customer loyalty to shut it down. Husband disagrees and can document he provides a nearly equal share of child care (time spent) and that wife’s business has significant economic challenges that will not be easy to overcome.

Husband has tried to work with wife for years to remedy situation. Wife has repeatedly promised and failed to pursue additional income and refuses to shut down her business.

Wife refuses to agree to financial separation or divorce and will likely try to contest divorce.

Husband fears their child’s future due to wife’s financial irresponsibility.

Can husband file for divorce in Alabama and claim abandonment (wife is at fault for refusing to support family and is needlessly putting family at risk financially)? Or does this need to be a no-fault “irretrievable breakdown” divorce complaint?

Thank you!!

#771797 - 05/13/16 03:25 AM Re: Wife refuses to support family finacially [Re: paulson]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 969
There's no abandonment by state definition. I don't see anything here that would make it smart to make it a "fault" divorce. A local attorney would be your best source of advice.

#773641 - 06/03/17 11:15 AM Re: Wife refuses to support family finacially [Re: paulson]
100Divorce Offline
recently joined

Registered: 06/03/17
Posts: 3
What you're asking about is the concept of voluntary underemployment. Based on how long your wife has been working in this way, my guess is that you could spend a great deal of time and money on this and generate lots of animosity, all without enjoying any benefit in the way of reduced requirements of support from you.

If you're bound and determined, begin gathering classified ads for persons with her skills, specific examples, anecdotes from friends, and any other information you can showing that a person with her skills could work for a specified income. Gather it all in one place.

When you get ready to visit with your lawyer about all this, try to present the information in a cogent, concise way that persuades the lawyer you have a valid point. You're facing an uphill climb, but this will give you the best chance to succeed with it.
Lee Borden - Divorceinfo


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