Pittsburg, CA asked in Divorce for California

Q: Does the ability to earn affect support in california? Spouse took a lower paying position prior to filing divorce.

Job change was voluntary and within a month of filing. Would prior income be used to calculate support?

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: The prior income might or it could be some other number that is what the court thinks your spouse is capable of making. This reduction in income, though, will be important as it artificially depresses their income and makes them seem poorer or needier than they should be. Be prepared for them to argue that the job change wasn't voluntary.

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