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Des Plaines and Hoffman Estates Law Firm Frequently Asked Questions Video

What if one spouse quits job to avoid paying support?

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Often times, especially when I’m dealing with women clients, I get asked the question, “Well what happens if my husband quits his job and he hasn’t have any money to pay maintenance, which was formally known as alimony?” It’s a good question and we get that question not only when it deals with maintenance, but we get it when it deals with child support.

And what the court will do is, the court believes that, in this case a husband has quit their job to try to show a reduced income so that they don’t have to pay maintenance or they have to pay a reduced amount of maintenance and or child support,the court can do several things.

First of all, the court can require that individual to maintain a job log. Secondly, the court and most importantly can impute income. In other words, a man that’s making a hundred thousand dollars a year, takes a voluntary pay cut and is now only making twenty thousand dollars a year. The court can and often does say to the other party that has taken that voluntary pay decrease, you may be only making twenty thousand dollars a year but I’m going to treat your maintenance as if you’re making a hundred thousand dollars a year.

So it’s not a wise plan for an individual to voluntarily cut their pay, in an attempt to try to keep their other spouse from obtaining maintenance.

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