Q: When calculating spousal maintenance/alimony & my wife does not currently have a job, can I assume reasonable income?
When calculating spousal maintenance/alimony & my wife does not currently have a job, can I assume reasonable income that she should be making. It has been 10 months since we separated and she does not have a full time job. In other words, can she intentionally not work (if she's capable) just to receive higher alimony payments? What if the custody of the children is 50/50, does that affect alimony or child support payments?
A: It is appropriate to impute a reasonable income for a non-working party. That can be based on their earning potential or past income. The time sharing for the children will affect child support but not alimony.
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A: Unless she is disabled, the law and a court would find that she has a duty to be employed to the best of her abilities. If a court finds she is voluntarily unemployed or underemployed, it can attribute an income to her that it believes is appropriate. More information is needed to fully assess your situation and you should consider hiring an attorney to assist you. Why she's not working and what efforts she is making, if any, to find suitable employment will be relevant. Parenting time can affect child support, but not maintenance.
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