Would I have to pay spousal support because my ex quit his job? 7 Answers as of June 08, 2015

Prior to my filing for divorce my husband quit his job. He did not discuss the matter with me nothing, just quit. And now that I have filed for divorce, he claims I owe him spousal support, and child support for our 2 young boys when he cares for them 50% of the time. Is this right? Now he wants his 50% part of my 401K as well. Am I going to keep paying and paying this guy?

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
You need a lawyer. It does not seem equitable.
Answer Applies to: Georgia
Replied: 6/8/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
If he quit his job income can be imputed to him at the same salary he was making before.. thereafter you will figure the amount of child support. However he might be eligible to receive up to 1/2 of your 401K .. depending upon how long you have been married.
Answer Applies to: Michigan
Replied: 6/8/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Assuming he left the job voluntarily (not for health reasons, for example), then income should be imputed to him under Chapter 61 of the Florida Statutes. Alimony or spousal support are based upon a number of factors including, but not limited to the duration of the marriage, need and ability to pay. Assuming he has quit his job and that job would have allowed him to support himself, then he has no need. Child support will also have to take into account all statutory factors including the Parenting Plan, incomes/imputed incomes of the parties, health insurances costs of the parties/children and daycare costs. The 401K may or may not be subject to equitable distribution depending upon how much was earned during the marriage or prior to the marriage. Again, this equitable distribution should take into account all other assets/debts of the parties. Hire a competent family law attorney immediately.
Answer Applies to: Florida
Replied: 6/8/2015
Law Office of Robert E McCall | Robert McCall
????? Talk to your attorney ASAP. Florida has a statute dealing with voluntary reduction of income; as when H is an engineer making 100K+, quits his job and goes to work for McDonalds earning minimum wage.There is also a three year lookback provision.Burden of proof is on him to show why he cannot obtain another 100K job. ???? Child support is up to the Judge, cannot be determined until his income is established. A 50/50 time split does not eliminate CS.???? Both retirement Plans will be split. Percentage has to be determined by the Judge.
Answer Applies to: Florida
Replied: 6/8/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
He can ask for spousal support but will get it only if you have the ability to pay and his unemployment is not voluntary. Each of you owes child support. Income will be imputed to him based on his most recent salary. If the 401(k) was earned during the marriage, it is community property and will be divided as will any retirement he earned during the marriage.
Answer Applies to: Washington
Replied: 6/5/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: retain an experienced family law attorney. It's almost always worth it, as people who have represented themselves without strong knowledge of the applicable law often find out. That said, courts are well acquainted with the concept of 'shirking,' in which one of the spouses decides to cut his/her income in the expectation that the other spouse will be forced to support them. Uh-uh. Doesn't work that way. When a divorce court sees shirking, they will impute to the shirking spouse the income he or she could have made often measured by their highest-earning recent year. So a husband can go say he'll give up his job as a computer engineer and work as a janitor in a convenience store: the court will say, but you have to pay child support or spousal support as if you had the income of a computer engineer. Now find a skilled lawyer. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/5/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    It is unlikely that you will pay spousal support if he quit his job. The court can input his income to his wage prior to his quitting and figure out the status of child support from that point.
    Answer Applies to: Wisconsin
    Replied: 6/5/2015
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