Q: Ex filed for reduced child support. He was making 88k a year, was fired twice, now makes 44k. Is his potential 88k/yr?
My ex husband just filed for a modification to his child support payment. He will pay nothing after this modification. He has been fired from multiple jobs in the last year. He originally made 88k when we divorced. Can I argue that his potential income is 88k, but that he is trying to earn less to get out of child support?
A:
You can and you should argue that he is "willfully underemployed." He will need to explain the reasons for being separated from those jobs. If the Court determines he has the capacity to earn the 88k, they should leave the child support intact.
If you have not retained competent family law counsel, you really should do so.
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