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FAQ - FAMILY LAWIs
there anything I can do to legally force my husband back to work?
This FAQ was first published in Couples Company
and is reprinted with their permission. |
| Q. |
I'm 37 years old and have been married
for 11 years. We have a two-year-old son and a four-year-old daughter. When my daughter
was born, my husband and I decided that he would quit his job, which he hated, and I would
support the family, while he went back to school to earn his B.A. Since then, I've worked
my way up to a director position in a financially stable organization. But my husband
hasn't returned to school or even looked for a part-time job that would allow me to also
work part-time as well as look after the children.
He makes excuses as to why he doesn't know
what to do with his life such as:
- His dad wouldn't help him with his college decisions when he was younger.
- His dad was an alcoholic, so he thinks he is too. (He was tested on this and the results
were negative.)
- He thinks he has Attention Deficit Disorder. (He has gone to counseling for this, and
results were negative again.)
I've set up interviews for him, printed
job-search material off the Internet, and helped in many other ways, yet he says I'm not
supportive. He also says he does a better job at home with the kids than I do. I have a
stressful job and would prefer to work part-time, but it's as if he doesn't want to give
me any opportunity.
Both children can sense the tension among us. My daughter has issues with me not being at
home for her. I discussed divorce with my husband, but he only got very angry with me. Now
he says he doesn't trust me. I never wanted to consider divorce, because I came from a
divorced family; my children have everything I ever wanted growing up. He is a very
insecure person but very loving to our children. We were once a very close couple. I don't
know what more to do. Any advice? |
| A. |
I
understand your frustration. You're facing the classic societal role-reversal situation.
Although we've come a long way from the "Ozzie and Harriet" nuclear family,
there's still something disturbing about a father who refuses to work to support his
family.
Regardless of whether or not you stay with
your husband, you can't legally force him to go back to work. But if you're in the middle
of a divorce proceeding, it's possible for a court to find that your husband has an
earnings capacity and assess him with an income based on that earnings capacity for the
purposes of calculating support. However, as you seem to have substantially higher
earnings than he would if he went back to work, that solution probably isn't of much
comfort to you. Ironically, YOU would likely be the one paying HIM support.
Another issue that may be equally important
to you is how you and your husband would parent your children if you separated. Since your
husband has established himself as "Mr. Mom", it's imperative that you meet with
a local family-law specialist to help you determine a reasonable parenting plan.
Your husband's statement that he doesn't
trust you is typical of stay-at-home spouses who are afraid of having to reenter the
workforce. A skilled family lawyer may be able to help you find psychological assistance
to help you navigate the complex emotional issues that your family will face in the event
of separation or divorce.
You should be proud of your accomplishments and the fine example you're setting for your
children. Keep up the good work.
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