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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.