What happens if my STBXH loses his job?

[blondgirl]

My STBXH is all over the map.

First he agrees to 75/25 placement with me getting 75 and the house, he got an apartment, etc. Then he found out how much he'd have to pay me in support and decided that he wanted the house and 75 placement (gave up his apartment too). Now he's telling friends that he's thinking about just wiping his hands clean and walking away from everything - the house, the kids, everything.

He asked one, "What would happen if I walked into the temporary hearing with NOTHING. No income, no assets, nothing to bring to the table but my car (that he still owes $11,000 on), and the very little that's in my 401k."

So now i'm freaked out... what if he loses his job before this divorce is final? Will I have to pay him a TON of spousal support/maintenance?? He is SUCH a loser... I'm actually afraid that he has already lost his job or been told he's about to be fired (this would be the SECOND time he's been fired from a job).

Freaking out. Anyone know??

[blackkitty]

If he had a job while you were married and was making comparable money you're not likely going to have to pay any maintenance.
But we don't really have enough information here to know

[blondgirl]

Aug 17, 2012 10:21:28 GMT -5 @blackkitty said:

If he had a job while you were married and was making comparable money you're not likely going to have to pay any maintenance.
But we don't really have enough information here to know

I make $30k more than he does. So I do know that he's probably going to attempt to go for maintenance anyway. My lawyer has plenty of info though to show that he's fully capable of making more, but by continuing to job hop and get fired, it's his own fault he's not making what i am.

[roselis]

Aug 17, 2012 10:21:28 GMT -5 @blackkitty said:

If he had a job while you were married and was making comparable money you're not likely going to have to pay any maintenance.

This. XH kept threatening to file for spousal support because I made the money. But we were only married 2 years when I filed, and he was "underemployed by choice" as my lawyer put it. He had a degree and current skills so there was no reason he would need support

[blackkitty]

Aug 17, 2012 10:25:56 GMT -5 blondgirl said:

Aug 17, 2012 10:21:28 GMT -5 @blackkitty said:

If he had a job while you were married and was making comparable money you're not likely going to have to pay any maintenance.
But we don't really have enough information here to know

I make $30k more than he does. So I do know that he's probably going to attempt to go for maintenance anyway. My lawyer has plenty of info though to show that he's fully capable of making more, but by continuing to job hop and get fired, it's his own fault he's not making what i am.

There are other factors to consider like the laws of the state you live in, how long you were married, how much you make in dollars... like $30k more means nothing in absolute terms. If he made $1,000 a year and you made $31,000 that would be very different than if he made $1,000,000 and you made $1,030,000.

What did your lawyer say?

[BookLover]

In the state I filed in, by the time the divorce rolled around, the ex was out of the Army, so no job. However, because the Army Jag office set up his allotment to pay $X in child support from the time we separated, the judge didn't see a reason to change that since he managed it before and he had been paying that fine since the first hearing.

[blondgirl]

Aug 17, 2012 10:44:57 GMT -5 @blackkitty said:

Aug 17, 2012 10:25:56 GMT -5 blondgirl said:

I make $30k more than he does. So I do know that he's probably going to attempt to go for maintenance anyway. My lawyer has plenty of info though to show that he's fully capable of making more, but by continuing to job hop and get fired, it's his own fault he's not making what i am.

There are other factors to consider like the laws of the state you live in, how long you were married, how much you make in dollars... like $30k more means nothing in absolute terms. If he made $1,000 a year and you made $31,000 that would be very different than if he made $1,000,000 and you made $1,030,000.

What did your lawyer say?

I am meeting with my lawyer Monday morning, so we'll see then. Just thought I'd get some thoughts here in the meantime. I hardly make "a ton" of money - it's enough to pay for the house and the bills and to take care of the kids. There will be no extra to take care of him too. I can't imagine a court not seeing that, but the court system freaks me the hell out considering some of the crazy stuff I've seen happen to friends. I guess we'll see.