STBX conveniently "lost" her job...what now?

Get financial tips on divorce and asset division including child support laws, property division, and divorce settlements.

Re: STBX conveniently "lost" her job...what now?

Unread postby Fatheroffour » Tue Apr 11, 2017 10:29 am

You should be reviewing case law in your state regarding imputing income.

Typically, it goes by documented earning history rather than ones theoretical earning potential. Absent a history, the law usually states to impute at 40 hours @ minimum wage.


Your argument seems to be that she made 40 an hour part time so she should be imputed at 40 dollars an hour @ 40 hours a week. Is that it?
User avatar
Fatheroffour
Moderator
 
Posts: 36014
Joined: Fri Oct 12, 2007 8:37 am
Location: Top of the world

Re: STBX conveniently "lost" her job...what now?

Unread postby Tom Kirkpatrick » Tue Apr 11, 2017 12:22 pm

truemort wrote:We clearly have a copy of her signed contract that shows she was contracted for 40/hour....yet she only earned a total of 18k for 2016 because she never would put in 40 hours...
In 2016, NJ didn't care about 40 hr/wk income. Instead, she had her eye on the grand prize, alimony. And with divorce pending, she was obviously working her game plan.

It's a rebuttable presumption that she had opportunity to work a 40 hour week. And as you claim, 40 hrs/wk was available to her at $40/hr. Are you, by preponderance, able to show this is true??

What state are you in??

Depending upon jurisdiction, alimony duration is typically half of marriage length. So, with an 8½ yr marriage, you'd be looking at approximately 4 yrs. How much per month is she asking for?? Can you buy her out??.....perhaps with a bigger share of marital assets, say 60/40 vs 50/50??

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 7051
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Re: STBX conveniently "lost" her job...what now?

Unread postby truemort » Tue Apr 11, 2017 1:00 pm

Tom Kirkpatrick wrote:
truemort wrote:We clearly have a copy of her signed contract that shows she was contracted for 40/hour....yet she only earned a total of 18k for 2016 because she never would put in 40 hours...
In 2016, NJ didn't care about 40 hr/wk income. Instead, she had her eye on the grand prize, alimony. And with divorce pending, she was obviously working her game plan.

It's a rebuttable presumption that she had opportunity to work a 40 hour week. And as you claim, 40 hrs/wk was available to her at $40/hr. Are you, by preponderance, able to show this is true??

What state are you in??

Depending upon jurisdiction, alimony duration is typically half of marriage length. So, with an 8½ yr marriage, you'd be looking at approximately 4 yrs. How much per month is she asking for?? Can you buy her out??.....perhaps with a bigger share of marital assets, say 60/40 vs 50/50??

Tom


1) I cannot prove that the 40 hours of work was "available to her"....(although we all know it was).....its just a natural assumption of any full time contract.... :cry:
2) Im in new jersey
3) She is asking for 5000/month with her only explanation being that it will allow her to continue the lifestyle....(this is exorbitantly high to me and unfounded and would basically put me into poverty)...
4) I have no cash reserves and she knows it...so I cannot buy her out...she is relying on the perception of the high income husband and low income wife kinda thing.....
truemort
100+ Posts
 
Posts: 194
Joined: Wed May 18, 2016 2:57 pm

Re: STBX conveniently "lost" her job...what now?

Unread postby truemort » Tue Apr 11, 2017 1:12 pm

Havalu7 wrote:True would you have time to remind the newbies here not familiar with your past with the ex why you moved out?

Was this a situation that could have been avoided had you not moved out or was it avoidable on the residence thing?

Sorry to request a different direction or answer on your thread; but anytime we can show the new guy why NOT to move out the better.

Is there any relevance on your move out?


1) I do not think my move out has anything to do with it.
2) I stayed put in the marital residence the majority of the duration...
3) Early on my wife kept locking me out the home so I filed a motion which for some reason backfired and resulted in the judge ordering me to maintain 100% of all expenses pendente lite (about 10k per month) ....it got even more bizarre because the judge then ridiculously gave me "non-overnite parenting time 3 days a week", but this was a moot/puzzling point because I lived in the marital residence!
4) the stbx used that ridiculous order as a way to then have a free ride with not having to work and also as a way to limit my time with the children only to those specific 3 days...when meanwhile i had full access to the house and lived there...she did every trick in the book...DV, harassment, moved in laws in..etc..
5) All while fictitiously claiming i had abandoned the home and children...(when meanwhile she would lock me out of home)...
6) after numerous incidences,it wasnt until i started wearing a body camera and accumulated 4-6 months of evidence showing that I do indeed live at the home with the children and that she is a hostile crazy woman 24/7 that I was able to file a motion and finally was awarded a true shared 50/50 parenting plan in the 2-2-3 variety that then allowed me to move out and get away from her....

The problem is that early on in the case, the pendente lite order made me responsible for 100% of all bills and this gave her a free ride during the divorce process....that judge solely relied on her CIS and claims that she was unskilled mother whos 6 figure husband abandoned the family.

So she had no incentive to work 40 hrs at that point and that continues into today.
truemort
100+ Posts
 
Posts: 194
Joined: Wed May 18, 2016 2:57 pm

Re: STBX conveniently "lost" her job...what now?

Unread postby truemort » Tue Apr 11, 2017 1:22 pm

Tom Kirkpatrick wrote:
truemort wrote: Can you buy her out??.....perhaps with a bigger share of marital assets, say 60/40 vs 50/50??

Tom


1) There are no marital assets other than a house that has 17k in equity.
2) there are however enormous marital debts (IRS/State Tax about 60k)!!...cred cards, etc....

I would be more inclined to assume a larger portion of the marital debt in lieue of alimony payout(s).. any advice on that strategy?
truemort
100+ Posts
 
Posts: 194
Joined: Wed May 18, 2016 2:57 pm

Re: STBX conveniently "lost" her job...what now?

Unread postby Havalu7 » Tue Apr 11, 2017 4:28 pm

True thanks for the info on the move out vs non moveout.

That sucks that it went that way but you got the 50-50 out of it.

Finish line in sight bro, keep swinging for the bleachers 10 rows up!
”No is a complete sentence” Unknown
User avatar
Havalu7
1K+ Posts
 
Posts: 1239
Joined: Wed Jan 27, 2016 10:43 am

Re: STBX conveniently "lost" her job...what now?

Unread postby Tom Kirkpatrick » Tue Apr 11, 2017 9:10 pm

truemort wrote:3) She is asking for 5000/month with her only explanation being that it will allow her to continue the lifestyle....(
Her lifestyle is a perk of marriage. Now that marriage is ending, that perk must end.

truemort wrote:1) I cannot prove that the 40 hours of work was "available to her"....(although we all know it was).....
You don't hafta "prove" anything in family court. All you hafta do is show, by preponderance, that full time employment was available to her. Your attorney should be able to do this in a deposition.

truemort wrote:.....she is relying on the perception of the high income husband and low income wife kinda thing.....
If she's relying on this, what are you relying on??

truemort wrote:the pendente lite order made me responsible for 100% of all bills and this gave her a free ride during the divorce process....that judge solely relied on her CIS and claims that she was unskilled mother.....
1) Was it a bona-fide judge that issued the pendente lite order?? Or was it a non-judge, like a magistrate??

2) Did you challenge her CIS??

3) Have you done anything to implement austerity measures??

Q: You need to get her out of the house. Is the marital residence for sale??

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 7051
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Re: STBX conveniently "lost" her job...what now?

Unread postby JimRockford » Tue Apr 11, 2017 9:25 pm

Two Words:

Vocational Evaluation
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
JimRockford
500+ Posts
 
Posts: 930
Joined: Thu Feb 12, 2015 12:48 am

Re: STBX conveniently "lost" her job...what now?

Unread postby truemort » Wed Apr 12, 2017 11:07 am

If she's relying on this, what are you relying on??


- i have been relying on hard evidence, we subpoened her (previous employer, etc)...

Was it a bona-fide judge that issued the pendente lite order?? Or was it a non-judge, like a magistrate??


it was a bona fide judge...not a non judge/magistrate... during that motion hearing we vigorously challenged her CIS (i had a very weak attorney at the time as well)......what made the whole thing worse was that it was heard/argued over the phone....due to a "mixup" in court dates....after we presented our argument and she did hers...the judge simply said.. ok i will fax my ruling by EOD.....and that was it....at this point i had no money and also as part of that judges ruling i was ordered to advance my stbx 7500 for her legal fees......it was a major blow....my attorney at the time advised me againt a motion to reconsider for "fear" that i would just be made responsible for even more of her legal fees....ultimately i fired that attorney but months later...
Have you done anything to implement austerity measures??


theres nothing much i can really do... the majority of our expenses are major debts like irs, cred cards, mortgage, phone bills, etc etc......its just that during the marraige we shared those expenses but now ...during this divorce theve been all on me due to that order....how can i implement austerity in these circumstances? my health insurance plan for the family is $1,500 alone per month.

You need to get her out of the house. Is the marital residence for sale??


How exactly do I go about doing this? especially now that this order is in place pendente lite....? Do i simply contact realtor and say i want to list hoiuse for sale? the stbx will then just immediately contact the realtor and nullify any action i take...

Note: I have stopped paying the 3200/month mortgage for the past cpl months just purely out of self preservation to ensure I have funds for my own matters.....
truemort
100+ Posts
 
Posts: 194
Joined: Wed May 18, 2016 2:57 pm

Re: STBX conveniently "lost" her job...what now?

Unread postby JimRockford » Wed Apr 12, 2017 11:24 am


Note: I have stopped paying the 3200/month mortgage for the past cpl months just purely out of self preservation to ensure I have funds for my own matters.....


I think this could put you in bigger trouble here, as you very well can be seen as putting community assets at risk.
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
JimRockford
500+ Posts
 
Posts: 930
Joined: Thu Feb 12, 2015 12:48 am

PreviousNext

Return to Finances & Divorce Forum

Who is online

Users browsing this forum: Bing [Bot], Google [Bot] and 8 guests