husbands recent deflated income HELP!!!

[ucffan]

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

Hello, my husband and I are filing for divorce. We were trying to go uncontested. His last years income was 74000. (mine 15000). Hes a firefighter and works a lot of 48's. the previous five or so years he made over 50000. The first few months are slow for them as far as overtime. Then after may they kill the overtime. He has not been earning anything near what he has. He insists we use his last two stubs to compute the financial affidavit. If we do that it averages to him making 30000 on the financial affidavit. To me this is not fair at all. I wasn't trying to be nasty but I feel he should at least be computed at 50000. His salary isn't even 30000. Will the judge look at more than his last two paycheck stubs?? Will they look at his history and earning potential? I cannot afford an attorney. And I wanted in good faith to wave my rights to spousal support. I feel I was being fair. Thank you in advance for your help.

 

[Zigner]

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

Hello, my husband and I are filing for divorce. We were trying to go uncontested. His last years income was 74000. (mine 15000). Hes a firefighter and works a lot of 48's. the previous five or so years he made over 50000. The first few months are slow for them as far as overtime. Then after may they kill the overtime. He has not been earning anything near what he has. He insists we use his last two stubs to compute the financial affidavit. If we do that it averages to him making 30000 on the financial affidavit. To me this is not fair at all. I wasn't trying to be nasty but I feel he should at least be computed at 50000. His salary isn't even 30000. Will the judge look at more than his last two paycheck stubs?? Will they look at his history and earning potential? I cannot afford an attorney. And I wanted in good faith to wave my rights to spousal support. I feel I was being fair. Thank you in advance for your help.

You acknowledge that he has a legitimate decrease in hours and it will likely continue at the lesser amount. Why would you compute it at a higher amount?

 

[ucffan]

You acknowledge that he has a legitimate decrease in hours and it will likely continue at the lesser amount. Why would you compute it at a higher amount?

Because he always makes less the first four months of the year. And he has been using PTO for time off which is paid at a lower rate than his regular time. He has never made under 45000 at this same job since he started 11 years ago. I feel to be fair it should be computed at 50000. As I know in the end he WILL make that this year.

 

[Ohiogal]

Because he always makes less the first four months of the year. And he has been using PTO for time off which is paid at a lower rate than his regular time. He has never made under 45000 at this same job since he started 11 years ago. I feel to be fair it should be computed at 50000. As I know in the end he WILL make that this year.

You are going to be imputed at full time minimum wage, correct?

 

[ucffan]

You are going to be imputed at full time minimum wage, correct?

Yes I am. I am actually just now starting to work full time. But I don't make much money. I will be working 40 hours and I have to go to school, well I want to also. My job offers no healthcare or retirement. We depended on his for all of that.

 

[Proserpina]

Yes I am. I am actually just now starting to work full time. But I don't make much money. I will be working 40 hours and I have to go to school, well I want to also. My job offers no healthcare or retirement. We depended on his for all of that.

I don't think you're asking for anything unreasonable.

If this is a pattern then yes, it's actually unfair if he isn't using his yearly income versus the past two months. Like everybody else, he needs to budget for the slow months.

 

[ucffan]

I don't think you're asking for anything unreasonable.

If this is a pattern then yes, it's actually unfair if he isn't using his yearly income versus the past two months. Like everybody else, he needs to budget for the slow months.

I agree hes only using the last two stubs which is only a month.

Does anyone know if I just let this go to a judge will they at least give me a chance to explain that his affidavit is extremely deflated?

Thanks everyone so far for your input.

 

[PlaysWithSharks]

Taking into account only a couple of pay stubs would not be fair. Heck, one job I had paid me a substantial bonus every January...if you just looked at 2 stubs, you'd have thought I made a LOT of money, when that was far from reality. I'd suggest presenting the last few years of tax returns.

Also, it has been a long time, but when we established support there is a specific form to use to calculate...look for that and submit that.

 

[Zigner]

The first few months are slow for them as far as overtime. Then after may they kill the overtime.

Exactly what do you mean by this? Your original post implied that the loss of OT wasn't a normal occurrence.

 

[CJane]

Do your OWN affidavit, and use your previous year's tax returns to lend credibility to what you're claiming. Waiting to "explain to the judge" is not something that often goes well for the party who is waiting.

 

[CJane]

You are going to be imputed at full time minimum wage, correct?

Full time minimum wage in FL is only $16,000/year +/-, she freely admits she made $15000 and "only just started working". Doesn't sound like she's trying to hide anything.

 

[ucffan]

Exactly what do you mean by this? Your original post implied that the loss of OT wasn't a normal occurrence.

Sorry my grammar was poor. Hes a firefighter, the overtime is sparse jan-april. Then once May hits, for the rest of the yea,r he is working a ton of overtime. This has been the pattern for years. Because of summer vacations and hunting season then holidays. The facts are the 30000 he is using isn't even his base salary.

 

[Ohiogal]

Thanks Cjane for letting me know about Florida minimum wage. Wasn't sure. In Ohio it is closer to 17K.
And truthfully he should average his last three years of wages to get a good average.

 

[ucffan]

Do your OWN affidavit, and use your previous year's tax returns to lend credibility to what you're claiming. Waiting to "explain to the judge" is not something that often goes well for the party who is waiting.

The affidavits are individual, so are you saying I should do one showing his income. Like what I think it should show for him. Using last years tax return? I have all of our previous income tax returns.

 

[single317dad]

You should file a cross-complaint if you don't agree to the terms of the divorce as written in his complaint. However, that goes against your own statement that you want an uncontested divorce. When the parties don't agree, the division of proceeds and/or calculations for alimony and support become contested, and you'll need to prepare for a hearing of the evidence.