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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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  #21  
Old 04-16-2019, 09:18 AM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
Originally Posted by standing on the sidelines View Post
At least your ex is trying to find work. You may have to accept that what they are making (more the minimum wage?) is what it is for right now. They may be right and they may not have all the qualifications to make the money that you think they should be making.

What is the average of their last three years income? What do they currently make now? If its close I doubt a judge will impute a higher income because you think they should be making more. Tome the judge will put more weight on what what they were making.

The average of their last 3 years is a tad bit less than what they make now. Thanks for the info. This really helps me in terms of getting my paperwork together. To understand both sides.
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  #22  
Old 04-16-2019, 09:52 AM
rockscan rockscan is offline
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Default Evidence to impute income

Just because there are jobs out there that pay more doesn’t mean they would be able to do it or be hired. This would be a poor argument to make. Don’t go in with an argument that they could be making more or should be making more. The only way you can prove under employment is if they are purposely underemployed. That works for people who quit their jobs to go to school in a different field, retire early to avoid support, quit to sit at home, quit to look after their new spouses kids, go on mat leave with a new partner etc.

The key is “purposely” underemployed. Not accomplishing anything in their field is not underemployed. Its simply not motivated to achieve more.

As the judge in my partners case said—you will not find a judge who expects someone to work more than 40 hours or find a new job that pays more just to suit you.
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  #23  
Old 04-16-2019, 09:59 AM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Originally Posted by rockscan View Post
Just because there are jobs out there that pay more doesn’t mean they would be able to do it or be hired. This would be a poor argument to make. Don’t go in with an argument that they could be making more or should be making more. The only way you can prove under employment is if they are purposely underemployed. That works for people who quit their jobs to go to school in a different field, retire early to avoid support, quit to sit at home, quit to look after their new spouses kids, go on mat leave with a new partner etc.

The key is “purposely” underemployed. Not accomplishing anything in their field is not underemployed. Its simply not motivated to achieve more.

As the judge in my partners case said—you will not find a judge who expects someone to work more than 40 hours or find a new job that pays more just to suit you.
Makes perfect sense. Thanks for your input and a real life example.
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