imputing income - willfully unemployed

[vocircuspants]

Would a judge award spousal support in a case where the payee is willfully unemployed and intends to be so indefinitely with unrealistic career aspirations (e.g. starting a commune and selling crafts from it)?

[sahibjee]

Would a judge award spousal support in a case where the payee is willfully unemployed and intends to be so indefinitely with unrealistic career aspirations (e.g. starting a commune and selling crafts from it)?

judge will determine feasibility of the business plan if one is presented. realistically a willfully unemployed woman is less likely to get whacked than a willfully unemployed man. my ex who has a master's degree and is willfully unemployed was only imputed minimum wage after 1.5 years of struggle.

[arabian]

judge will determine feasibility of the business plan if one is presented. realistically a willfully unemployed woman is less likely to get whacked than a willfully unemployed man. my ex who has a master's degree and is willfully unemployed was only imputed minimum wage after 1.5 years of struggle.

This is patently untrue.

Many things are examined, particularly recent relevant work experience showing an earning pattern. A person (male or female) can have a doctorate degree (PhD) but with no relevant work experience and the degree does not always guarantee employment.

There are very specific standards set for determining if someone is intentionally underemployed. Factual evidence of course is essential - you can't just say that you think your ex is intentionally not working, the onus is on you to prove it.

[vocircuspants]

Ex believes she is entitled to SS, based on her low level of income over past years of marriage. In this case, the marriage did affect her ability to earn income, as she cared for our children before they were school age (sometimes they were in care of her mom). Beginning of relationship we invested in her education by taking out small loan. Someone dedicated to this practice (self-employed) would soon be capable of earning 40k. Now with 13 years of experience, capable of earning ~50k. She still practiced in that field during the marriage, earning quite a bit of experience and would now be high in demand. She isn't advertising these services and like I said, has no plans to. Ex feels she has every right to earn whatever level of income she wants. On top of that, she and her roomies are gathering free leftover food from local businesses to feed themselves and anybody from the public that wants to join them. She offered to start giving me free food every week to help alleviate financial stress of CS and SS.

[Links17]

The judge will award SS even if she is wilfully unemployed but impute an income to her. Upon revision (ask for a revision date) you can argue lack of effort and completion of compensation as grounds to terminate.

Spousal is guaranteed when divorcing a low income wife

[vocircuspants]

Thanks for the info Links17