My Spouse Just Quit Their Job!

Alimony and child support issues can sometimes become contentious. Alimony is based on the parties' relative need and ability to pay. Child support is based on the parties' relative incomes. So what can be done if one party quits or sabotages their job, or otherwise reduces their income, such as by eliminating their normal overtime hours, with the intent to avoid having to pay?

Fortunately, there are provisions in the law to address this conduct. Income can be "imputed," or attributed, to a party who is voluntarily unemployed or underemployed for no good reason and with the intent to skip out on their financial responsibilities. The court will look to the party's employment potential and probable earnings level, based on their qualifications, recent work history, and prevailing earnings level in the community.

But in order to have the court impute income to the other party, you must also show what the current employment market is, and that there are jobs available to the other party. Sometimes, a vocational specialist will be needed to present this kind of evidence.

These are very fact-intensive issues, and must be evaluated on a case-by-case basis. It is always a good idea to seek out the advice of an attorney who practices this area of law to learn what your rights are -- for both you and your children!