Changing jobs/alimony and support

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Changing jobs/alimony and support

Unread postby rj1619 » Tue Oct 10, 2017 7:19 pm

My lawyer has confused the heck out of me and I am looking for clarification as I don't know if we are just not communicating and on the same page

I had asked him if I change my job, how does this impact my current support?

As a background, I am not divorced yet and am paying spousal support which includes child support.
We are trying to negotiate the end of this and alimony but she continues to extend and delay as much as possible

So the current sitaution looks like this with some numbers just for discussion:

I am in sales. My base salary is say 80K and my commission potential at 100% is 80K. Total 160K

If i decide to change jobs due to the company is not doing well or I simply don't like the company anymore and take a job where they may pay less ...say....60K and 60K for a total of 120K but they are going to give me a bunch of equity that is in the form of ISO (incentive stock options), my lawyer is saying I would still have to pay the support based on the higher number from my current job.

Sounds like a jail sentence because I should be able to change jobs as I would like and support be adjusted according to my new job. While I know they (the courts) want to avoid a situation where someone could simply go get a lower paying job on purpose to avoid spousal or alimony payments for a few years, which if you don't have some cash saved would be foolish, I can't fathom being stuck to a number based on current job? Does this sound right? thx
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Re: Changing jobs/alimony and support

Unread postby Jesus Christ » Tue Oct 10, 2017 11:03 pm

In my state they go by what you could "potentially" make. In your case it's 160. You're screwed.
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Re: Changing jobs/alimony and support

Unread postby nr552 » Wed Oct 11, 2017 8:58 am

They'll impute you are your highest wage, unless you have proof that the industry that paid the higher wage is no longer in your area, no longer viable, or you have a disability that prevents you from doing that sort of work.
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Re: Changing jobs/alimony and support

Unread postby steelmark » Wed Oct 11, 2017 9:11 am

The lawyers in my case looked at the previous 3 years earnings and averaged that.

I was the only one with the same job for 3 years, so they used the EX's current earnings.

Despite the actual truthful reasons you gave, it looks like you jobbed down to pay less support, I'm afraid you're going to have a tough climb getting the numbers adjusted down.

IMO, you'll have to negotiate this one, it's not going to be given to you.
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Re: Changing jobs/alimony and support

Unread postby lionel2013 » Wed Oct 11, 2017 9:28 am

Your scenario is called being "willfully underemployed", so the court will still ask you to pay based on a $160k income.
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Re: Changing jobs/alimony and support

Unread postby Broken Machine » Wed Oct 11, 2017 10:47 am

Wow...this is concerning. I'm kind of wondering what will happen when I get out of the military and get a job that pays less.
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Re: Changing jobs/alimony and support

Unread postby lionel2013 » Wed Oct 11, 2017 10:50 am

Broken Machine wrote:Wow...this is concerning. I'm kind of wondering what will happen when I get out of the military and get a job that pays less.


Now I'm thoroughly confused. What do you mean when you get out of the military? I thought you were in Sales.
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Re: Changing jobs/alimony and support

Unread postby Trevor » Wed Oct 11, 2017 10:52 am

Military has a sales department. It be called recruitment.
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Re: Changing jobs/alimony and support

Unread postby Tom Kirkpatrick » Wed Oct 11, 2017 11:05 am

rj1619 wrote:Sounds like a jail sentence because I should be able to change jobs as I would like and support be adjusted according to my new job.
Dream on, little broomstick cowboy.

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rj1619 wrote:.....I can't fathom being stuck to a number based on current job?
I'll give you half credit, Bro.

In truth, you're never "stuck" on any fixed number. You have upward flexibility in the matter. In fact, the court expects your wages to increase over time.

Tom
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Re: Changing jobs/alimony and support

Unread postby gamingdad » Wed Oct 11, 2017 11:26 am

lionel2013 wrote:
Broken Machine wrote:Wow...this is concerning. I'm kind of wondering what will happen when I get out of the military and get a job that pays less.


Now I'm thoroughly confused. What do you mean when you get out of the military? I thought you were in Sales.

He's not OP. Heeh
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