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The Judge
The Judge, Family Law Attorney
Category: Family Law
Satisfied Customers: 703
Experience:  Active family lawyer & former Family Court judge with over 30 years experience in family law.
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THANK YOU FOR YOR RESPONCE IT WAS EXTREMLY HELPFUL. I HAVE

This answer was rated:

THANK YOU FOR YOR RESPONCE IT WAS EXTREMLY HELPFUL. I HAVE ANOTHER QUESTION. MY X STATED TO ME HE WILL QUIT HIS JOB OR PURPOSLEY GET FIRED SO HE HAS NO INCOME TO PAY CHILD SUPPORT. WILL HE STILL BE RESPONSIBLE FOR HIS PAYMENT OR WILL THEY REDUSE THE PAYMENT BECAUSE OF LOSS OF INCOME?
No, no, no. That's an old trick. Believe me, if that worked, everyone would be doing it.

There's even a legal term for it: intentional unemployment (or intentional underemployment) to avoid a legal obligation.

He will still be responsible for the payment. If he goes back to court, they will "impute" income to him at a rate that he is capable of earning. If he quits or purposely gets fired, he would just be cutting off his nose to spite his face (pardon my cliche). He won't have the income, but the spousal support will continue.

Thanks for the payment. And please feel free to ask as many questions as necessary to fully understand your legal rights.

The Judge

Customer: replied 8 years ago.
IT WAS NOT SPOUSLY SUPPORT I WAS REFERING TO IT IS CHILD SUPPORT. THE ANSWER IS THE SAME CORRECT?
Sorry, child support to age 21, right? Sometimes my brain just goes on idle for a few minutes.

Not only is the answer the same, the legal concepts of "imputed income" as well as "intentional unemployment/underemployment" were developed in child support cases for exactly the threat that your ex is making.

If anything, it is even more dominant when related to child support than spousal support.

Thanks for allowing me to clear that up.

The Judge
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Customer: replied 8 years ago.
LOVE YOU ALREADY WE WILL BE IN TOUCH. THANK YOU SO SO MUCH FOR YOUR ADVISE. CATHY

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