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beachy
recently joined


Reged: 08/26/09
Posts: 7
STBX laid off
      #577073 - 09/11/09 07:14 PM

My STBX was laid off on July 26,2009. His 2008 W-2 says his income was $93,000. (His 2009 w-2 will show $81,000 after severance and vacation payout). He had the job for 9 years as a software engineer. Now that I have proceeded with a divorce, he says he will "not work until he can find a way to hide his income". He has said he will start a corporation in NV and put all properties/assets in the company name so he will show zero income. He has also said he would go back to school instead by seeking state aid.
I know this is all revenge. Yet he still demands 50% custody of the two children, says it is his "right" in CA.
Is there anything to do? My lawyer is suggesting a "vocational study" for him. Will this help or hurt? Meanwhile if he persists in staying unemployed into 2010, could I feasibly have to support him when my income is less than $40,000???


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Banannie
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Reged: 03/19/08
Posts: 33
Re: STBX laid off [Re: beachy]
      #577131 - 09/12/09 07:22 AM

Just an FYI here (in Ohio), CS and spousal support are calculated based on the previous three years financial information. If your STBX refuses to work within his capable earning potential, his income can be imputed and support ordered based on those numbers. Just something you may want to ask your atty about. Good luck!

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finz
Carpal \'Tunnel
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Reged: 06/17/08
Posts: 6462
Re: STBX laid off [Re: Banannie]
      #580393 - 09/22/09 12:16 AM

He absolutely does have a right to see his kids even if he is not paying CS. They are 2 seperate issues.

Hopefully, you will be able to get his income imputed to what he could be making, but there are few guarantees in divorce court.


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christine1
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Reged: 04/21/08
Posts: 439
Loc: Ma
Re: STBX laid off [Re: finz]
      #581933 - 09/26/09 07:19 PM

Banannie is correct - If he refuses to work his cs will be based on his potential earnings.

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