Staten Island, NY asked in Divorce and Family Law for New York

Q: Ex- quit his job trying to stop spousal support. Can he do that?

I filed a order to “Show just cause” in Richmond county Staten Island Supreme Court. Court date is October 17th, to stop my ex husband to cut off my spousal support because he quit his job with the NYPD at age 54. He had 8 months to make 20 years.

He & his wife feels after his last alimony which was for August, I have yet to receive Septembers payments check I will not receive spousal support any longer and I will have to wait until he is officially retired which is July 1 2023.

I want to increase my sons child support until 26 since my son land on going on to get his Masters degree and make sure my ex continues my sons health insurance until age 26 rather then age 21. As of September 30th he will no longer be covered.

If this goes through I will only be able to live on my SSDI and Child support which 90% of it goes to my sons college tuition.

Could you please help?

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1 Lawyer Answer
Derrick  Storms
Derrick Storms PRO label
Answered
  • Astoria, NY
  • Licensed in New York

A: If your spouse quit his job or is intentionally working below his earnings capacity in an effort to avoid/reduce his child support obligations you should inform the court. Show the court your spouse's prior income through his tax returns, w2, payroll statements, etc. If your spouse is not disabled, he will need a good reason why he is not working. Ask the court to "impute" his prior income. This means ask the court to deem his prior income his current income for child support payment purposes. If you need assistance calculating child support, we have a video on our website that explains the process. Visit www.solomosstorms.com to learn more.

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