Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Alimony & Spousal Support

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-23-2009, 07:33 PM
Junior Member
 
Join Date: Sep 2009
Posts: 16

Hypothetical spousal support Q


What is the name of your state (only U.S. law)? California

Hey everybody,

Let's say a guy finds himself in the midst of a divorce and he makes a lot more than his wife. What would keep him from quitting his job to go to school in a foreign country, perhaps one with an extremely low cost of living and no job prospects, particularly for a foreigner? Would the court see this as attempting to dodge spousal support? If so, how would they respond? Impute income based on his previous work history and stick him with the same payments if he had been working?

Caveat: I'm not seriously thinking about doing this, but just wondering "what if?"

Thanks!

BD
  #2  
Old 09-23-2009, 07:55 PM
Senior Member
 
Join Date: Jan 2003
Posts: 19,155
How LONG was the marriage? There may not even be a spousal support entitlement.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #3  
Old 09-23-2009, 08:05 PM
Junior Member
 
Join Date: Sep 2009
Posts: 16
In my case, 6.5 years. I think there will be spousal support for ~3 years maybe, for perhaps somewhere around $1500 a month.

But, let's just assume there will be. If I left the country to get a masters degree where the living is cheap, and I had zero income, what would the court say about that?

Speaking purely hypothetically, of course.
  #4  
Old 09-23-2009, 08:08 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,569
Quote:
Originally Posted by bobdobalina View Post
In my case, 6.5 years. I think there will be spousal support for ~3 years maybe, for perhaps somewhere around $1500 a month.

But, let's just assume there will be. If I left the country to get a masters degree where the living is cheap, and I had zero income, what would the court say about that?

Speaking purely hypothetically, of course.
i'm thinking more along the lines of temp support until the divorce is final. whatever you do, don't leave until those divorce papers are signed!!!
  #5  
Old 09-23-2009, 08:49 PM
Senior Member
 
Join Date: Mar 2009
Location: Weigh a pie...
Posts: 6,744
Quote:
Originally Posted by bobdobalina View Post
What is the name of your state (only U.S. law)? California

Hey everybody,

Let's say a guy finds himself in the midst of a divorce and he makes a lot more than his wife. What would keep him from quitting his job to go to school in a foreign country, perhaps one with an extremely low cost of living and no job prospects, particularly for a foreigner? Would the court see this as attempting to dodge spousal support? If so, how would they respond? Impute income based on his previous work history and stick him with the same payments if he had been working?

Caveat: I'm not seriously thinking about doing this, but just wondering "what if?"

Thanks!

BD
Let's assume that you've chosen to go to school in Johannesburg (for sake of argument you're studying post-grad pathology at the University Of The Witwatersrand, k?), which has an unemployment rate of around 34%, and average cost of living less than half of that of the US. South Africa generally will not enforce a non-domestic support order so you're fairly safe in that respect.

Sooo....

I would think you'd be imputed an income based upon your most recent US earnings and it would apply for the duration of your schooling. Once you get back to the US - with your sparkly new degree - you'll have those arrears to deal with.

(on the plus side you'll also have a much higher chance of being employed by NCIS and getting knee deep in internal organs with that quintessentially British medical expert, Ducky)

(and if you did I'd be so insanely jealous I would be leaking green....)
__________________
*****************************


When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
  #6  
Old 09-23-2009, 09:51 PM
Junior Member
 
Join Date: Sep 2009
Posts: 16
Ah, I guess indentured servitude is alive and well in the good ol' US of A.

Your plan sounds tempting, but I was thinking more along the lines of SE Asia, where the beer is cheap and the women are cheaper.

I keed, I keed.
  #7  
Old 09-23-2009, 10:05 PM
Member
 
Join Date: Aug 2009
Location: Texas
Posts: 30
Quote:
Originally Posted by Dogmatique View Post
(on the plus side you'll also have a much higher chance of being employed by NCIS and getting knee deep in internal organs with that quintessentially British medical expert, Ducky)

(and if you did I'd be so insanely jealous I would be leaking green....)
Quote:
Originally Posted by bobdobalina View Post
Your plan sounds tempting, but I was thinking more along the lines of SE Asia, where the beer is cheap and the women are cheaper.
I keed, I keed.
omg...i'm not sure who has the best imagination, or who's more in touch with reality, lmao!
__________________
Pardon Me, I must return to separating the purple and red skittles, from the evil orange/green/yellow ones...
  #8  
Old 09-23-2009, 10:23 PM
Senior Member
 
Join Date: Mar 2009
Location: Weigh a pie...
Posts: 6,744
Quote:
Originally Posted by jesslee83 View Post
omg...i'm not sure who has the best imagination, or who's more in touch with reality, lmao!
Oy! Some of us do have links to South Africa and perhaps one or two West African nations too, y'know

(and also I used to live in a really dodgy part of Pennsylvania - not far from Philly - where apparently for $20 you could get cheap beer, even cheaper women and still have enough leftover for a cheesesteak...)



(but that whole reality thing? bob has me beat there. Hands down. So to speak. Ahem!)
__________________
*****************************


When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:50 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.