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Realism in the court: divorce and job loss

On Behalf of | Jun 14, 2019 | Divorce

In Texas and elsewhere around the country, no one wants to lose his or her job while in the midst of a divorce. Getting divorced is hard enough on the emotions without suddenly losing the prospect of earning a living. Plus, there is the question of how a family court will look at the fact that the husband or wife recently lost his or her job. The court will question the person to find out why he or she is no longer working.

A court will not look at the situation lightly if the person lost his or her form of employment because of his or her own actions. However, a judge will not look at the case in a negative light if someone lost work because of massive downsizing. Losing a job due to using foul language or misbehaving at work will not win the approval of a court. A judge will most likely hold the person financially accountable because of his or her misconduct at work.

Obviously, a court is not able to force a parent to provide child support or alimony while unemployed. In this situation, a formal contract can stipulate that the person needs to pay a specific amount of money upon reentering the workforce. However, the spouse who has lost his or her job may not have attained status as the breadwinner in the family. In this case, the spouse who does have earnings may need to pay more money for child support until the other person is back at work.

A couple contemplating divorce may wish to consult with a family law attorney when finances become a serious issue. Working out a realistic plan for supporting a child or spouse is of paramount importance. A person who loses a job while the divorce proceedings are still ongoing may benefit from setting up a free legal consultation.