Divorce & Alimony – Dad’s a drug addict, Mom’s brings in money – does she have to pay alimony if they divorce?

Question by tribe2437: Divorce & Alimony – Dad’s a drug addict, Mom’s brings in money – does she have to pay alimony if they divorce?
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 0 every two weeks on workers compensation. My mother makes the mortgage and all bills and makes about ,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.

Best answer:

Answer by shughes2000_2000
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)

Add your own answer in the comments!