My Husband quit his job "So he didn't have to pay me" spousal support. Can he do this?

Your husband has done something that many people threaten to do. It is unfortunate that he has done this because the Court will likely "impute" him at his old wage. For example, if your husband previously earned $60,000.00 and quit his job, the Court will likely still use $60,000.00 as its benchmark for alimony and child support purposes. If the Court uses his $60,000.00 income, your husband will have to find employment quickly to pay his obligation or otherwise face potential contempt of court proceedings.


On the other side of the coin, some courts have viewed reducing employment hours, positions or taking a lesser paying job to be acceptable in certain circumstances in the context of child support. For example, if a parent needs to seek additional training to advance his or her career and increase overall income, courts have declined to find that parent "under-employed" due to the positive motive behind the act.


In general, however, please note that courts take a hard-line view of quitting jobs outright to avoid support obligations. Quitting ones job is like cutting ones nose to spite his face.


For more information, all 440.930.4001 and ask for Attorney Anthony R. Pecora or email him at apecora@omdplaw.com

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