Questions & Answers

Child support / spousal support

My husband is a self employed high earner. Although I stay at home with young children now, I am on the payroll. Will the ” income” I receive really be counted as mine?
Also, what happens if he retires, sells his business or takes a lower paying job to avoid paying support?

— J D.

Answer

The income he pays to you is normally considered his income from which he can pay you support. If someone voluntarily becomes underemployed it is possible for an income to be imputed to them for the purpose of determining spousal support. What that means is that we pretend that his income was not decreased by him. We assume his income is the same for the purpose of determining his obligation for spousal support. Of course, every case is different. These are just general principles. You be wise to book a consultation so that you can get advice from one of our lawyers regarding the particulars of your case. I hope this helpful nonetheless in the mean time.

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