Divorce & Alimony – Dad’s a drug addict, Mom’s brings in money – does she have to pay alimony if they divorce?
September 8th, 2010
My dad spent 6 months in jail earlier this year and has twice been tested positive for crack by his P.O. in recent months. He’s been doing crack cocaine for 5 or 6 years. He pays for absolutely nothing (no mortgage, no food, no utilities, no insurance) and makes about $800 every two weeks on workers compensation. My mother makes the mortgage and all bills and makes about $70,000/year after taxes.
Since my dad has a very current drug record, will my mom be forced to pay alimony if they divorce?
The house and mortgage are both in my mothers name.
Any help and sources will be great.
Thanks for your answers…I’m 21 actually, we have no minor children in our household. It may be worth noting that my mother also pays a large portion of mine and my siblings tuition. We receive nothing from our father.
Wow you sound very mature and well spoken… I am curious as to your age? From my maternal side my heart breaks for you. It is tough on children to witness such things involving their parents. I know you must be torn over this. Hang in there sweetheart and be conforting and supportive to your mom.
Now my legal side say’s… No she will not be ordered to pay him any alimony. Alimony is only ordered to help assist custodial parents. In the event that a judge would give your dad custody of any minor children born to the marraige he could and I say “could”… (it is rare) order your mom to pay alimony. However, just the brief amount of information that you have shared, there is not a judge around that would #1 give him custody and #2 order your mother to pay alimony.
Let me say this….. it would be in your moms best interest to file for divorce and remove the minor children from the environment in which they are being subjected to. Most judges place a lot of weight on the parenting skills that each parent has, provided they use them. In your fathers case, he seriously needs help with his addiction. However, your mothers first priority is what is in the best interest of her children.
Most judges will recognize the fact that she is attempting to provide a better and safer environment for her children and they will commend her for it.
The flip side of the coin is when your father brings drugs into your home, and trust me his luck will run out one day. Child protective services can step in and remove the minor children from your mothers care. They can do this under the grounds of neglect, (which means failing to provide a safe environment or endangering a childs welfare)
So sorry to hear about the situation you and your mother are in it is a shame that your father chose drugs over you. But the unfortunate part to this is yes since your mom makes more money she is going to have to pay alimony She needs to find a good good attorney to help her fight it but the chanchs are good that she will have to pay Wish there was a better answer for you.
your mom is a winner and more power to her…what’s gonna happen is that the court will make him pay child support if you are under the age of 18..your dad is your dad, but if he decides that drugs are more important then his family then your mom should divorce him for the benefit of her children…for an addict there is no alimony ,,,,don’t let him scare you with his drug record your mother has a win,,,good luck
no she souldn’t be forces to pay anything.. if you are uncertain, call the local courts to find out
Despite what others are saying, yes if she was the sole bread winner for sometime she will have to pay him alimony. She has supported him and will have to for “usually” half the time they were married. For example married 4 years, you pay 2 years alimony. While the drug history will ensure he will not be getting to see his kids anytime soon (nor will she have to kick him child support) it does not affect alimony. It will not be a lot probably and the court will most likely make the father find full time employment to help support his children.
Mothers do pay alimony too. Ask my current fiance’, we pay her ex husband alimony. Lazy bum..
NO! if she has everything in her name she may have to work out a settlement (maybe, just maybe) depending what state you are in. Marriage is automatic community property. if they have separate bank accounts and she can provide the judge evidence all maintenance comes from her employment alone, that she has full custody of her children, there would be no reason he should receive alimony. and please keep in mind, his drug problem will be of no nevermind with the court (divorce is family court not criminal) unless he is trying to get custody of children.
but all technicality, any property obtained within the marriage and prior to the marriage is considered community property and should be split amoug the married couple evenly. btw…this includes debts as well.
if his drug problem is as bad as you say it is….maybe a pay off of $500.00 to go away might come in handy. drug addicts have a habit of thinking NOW instead of later for that fix.
WOW, I feel like I was reading my story there for a minute. My dad was the same way with the drug addiction. He was hooked to crack cocaine also. Was doing it for 14 years til finally he passed away 2 years ago. My mom divorced my dad but a few years before that she got the house under her name so she wouldnt lose it because he wasnt working and she was. So when they got divorced my mom had to pay nothing to him at all. So the answer to your question is no, she doesnt have to give him anything if the house is under her name.