QUESTION
Because my husband quit his job, will I have to pay spousal support? How?
Asked on Jun 04th, 2015 on Child Custody - Wisconsin
More details to this question:
I need to know if this is true. My husband quit his job just prior to filing for divorce. I did not know this. Now he says that because of that I will owe him spousal support, child support, and my 401k. Is this true?
10 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
If he voluntarily quit, the answer most likely is NO regarding alimony. However, your 401k is a marital asset that most likely will be divided. Much more would need to be known in order to fully answer your questions. Therefore, you need to consult with an attorney.
Answered on Jun 05th, 2015 at 2:03 PM
4 Awards
No. He can't voluntarily reduce his income to try to get spousal support.
Answered on Jun 04th, 2015 at 5:01 PM
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
I sense that the provable facts are different, but a wilfull removal from the workforce likely will result in the Court deeming him earning his standard pay whether he is working or not. You'd better get to the bottom of what's provable about his job separation and get an order requiring him to look for work.
Answered on Jun 04th, 2015 at 2:40 PM
Not necessarily. Chances are child support will be calculated using his salary from the job he just ?quit? or, at the very least, calculating it using minimum wage for him. If he quit, however, his prior salary will most likely be the amount used for child support purposes.
Answered on Jun 04th, 2015 at 2:00 PM
If he intentionally quit his job and has the ability to work, you probably won't have to pay spousal support. You will need an attorney to make sure you don't get hurt on this issue. If the retirement account was acquired during marriage, you will need to share that with him Good luck.
Answered on Jun 04th, 2015 at 1:33 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Probably not true. He has voluntarily limited his income to seek advantage in the proceeding. That is not allowed in Florida.
Answered on Jun 04th, 2015 at 1:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Not necessarily if he voluntarily reduced his income. Any 401k of either party is part of the marital estate and subject to distribution. Spousal and child support depend on the facts as well. You need an attorney!
Answered on Jun 04th, 2015 at 12:07 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Probably not true. Courts may be mistaken, but they are not fools. They are well aware of people who leave their jobs in order to avoid paying child support, or to seek spousal support (maintenance). In such a case, a Court is likely to 'impute' income to him in the amount he could earn if he tried. But there is a risk of an award of temporary support. You would do well to retain an experienced matrimonial lawyer.
Answered on Jun 04th, 2015 at 12:00 PM
Bruce Provda
Not necessarily. You would not owe him child support unless he has residential custody of the children. As far as spousal support that depends on many factors such as his ability to work. You need an attorney for this case.
Answered on Jun 04th, 2015 at 11:57 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
Very unlikely
Answered on Jun 04th, 2015 at 11:36 AM