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

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

Unread postby truemort » Wed Apr 05, 2017 2:17 pm

we are pre-trial.
received letter showing that out of the blue the stbx's employer cancelled her contract and she is now jobless (she was an independant contractor working from home as a computer programmer...at a rate of 40 dollars per hour on a 1099)

For duration of divorce thus far i have been locked into a pendente lite order that forces me to cover 95% of all expenses...so she basically got a free ride for over a year now ...yet i no longer even live in the marital residence and we have 50/50 custody of D5 and D2. (moved out in january due to various DVs, harassment and finally getting 50/50 on a 2-2-3 schedule)....

What can I expect of this? what is her strategy? Originally we were imputing her income at 83k...is this a play for her to try to lock in a high alimony?
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Re: STBX conveniently "lost" her job...what now?

Unread postby lionel2013 » Wed Apr 05, 2017 2:48 pm

is this a play for her to try to lock in a high alimony?


Sadly, yes, but it's pretty transparent. Also, given her employment history until now she should not get away with too much alimony or for too long, depending on the statute in your state.
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Re: STBX conveniently "lost" her job...what now?

Unread postby JimRockford » Thu Apr 06, 2017 4:52 pm

she is also going to need to incorporate or go with a staffing agency that will put her on a W2. Due to recent IRS regulations, the risks are too high for people to engage IT consultants on a 1099, I'm in the industry, and I don't know anyone that will still do it. Could that be a reason that her contract was cancelled?
Last edited by JimRockford on Sat Apr 08, 2017 12:31 am, edited 1 time in total.
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Re: STBX conveniently "lost" her job...what now?

Unread postby whatever_works » Thu Apr 06, 2017 6:11 pm

Similar situation. My wife has been jobless for 11 months. My lawyer told me not to worry as her income would be imputed for child support purposes.
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Re: STBX conveniently "lost" her job...what now?

Unread postby TJinCA » Thu Apr 06, 2017 6:35 pm

Depending on the state, you should be able to get her imputed with income based on her skills/experience and the market for those skills even if she's voluntarily unemployed or underemployed. The court can't force her to work in a specific field (or at all) but it can determine your spousal support based on her ability to earn income even if she's choosing not to.

You'll probably have to obtain (and pay for) the opinion of a qualified vocational assessor who can provide expert testimony on her skills and the local job market.
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Re: STBX conveniently "lost" her job...what now?

Unread postby spritom » Thu Apr 06, 2017 8:28 pm

Bang that drum tireless of...impute

The expectation (that you also bang on the drum) is that parents are expected to be fully employed to their capability. She's capable, just between spots at this micro-moment in time.
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Re: STBX conveniently "lost" her job...what now?

Unread postby truemort » Mon Apr 10, 2017 9:42 am

JimRockford wrote:she is also going to need to incorporate or go with a staffing agency that will put her on a W2. Due to recent IRS regulations, the risks are too high for people to engage IT consultants on a 1099, I'm in the industry, and I don't know anyone that will still do it. Could that be a reason that her contract was cancelled?


There are many that still do it. Ive been doing that as well for past decade for various industries..especially pharma.. but nonetheless, i think she got terminated because she basically refused to work full time...because she did not want to be looked at as a 80k/year earner......so even though her contract was for fulltime work at a rate of 40 USD/hour x 40 hours a week, she would deliberately only work 5 or 8 hours per week..... and claim that she doesnt make much money....that went on for over a year during this pendente lite period..
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Re: STBX conveniently "lost" her job...what now?

Unread postby Tom Kirkpatrick » Mon Apr 10, 2017 12:28 pm

truemort wrote:Originally we were imputing her income at $83K..........so even though her contract was for fulltime work at a rate of 40 USD/hour x 40 hours a week, she would deliberately only work 5 or 8 hours per week......
Deliberately working abbreviated hours when she had opportunity to work full time?? Like hell!! No alimony for her!! Continue to impute!!

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

Unread postby truemort » Tue Apr 11, 2017 10:00 am

what are the typical refutations to an imputation of income? what can I expect from the other side?

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...

Im sure they will argue that her income potential is 18k?
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Re: STBX conveniently "lost" her job...what now?

Unread postby Havalu7 » Tue Apr 11, 2017 10:06 am

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?
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