Substantial reduction of income

[lazaru5]

What is the name of your state (only U.S. law)? CA and more (please read)

My divorce case is going on for a year and a half and then some. Currently, on temporary basis, my stbx is getting $2K per month in spousal support. She is quote-unquote self employed and doesn't really want to work. SHe wants me to take care of her for the rest of her life. Our marriage was considered to be a short term marriage, slightly less than 9 years long. So, most probably I will be required to pay alimony for 4.5 years total.

Work-wise I am in a limbo right now. I am making very low 6 figures at my current job. I have been let go from my previous job and this one is not looking too bright as far as its future goes, due to something I said in public forum, which was unjustly associated to my name and company. I feel really insecure that I will be let go one day out of the blue. And I do not and can not afford 2 black eyes in a row, 1 year apart. So I was looking for other venues of employment, such that I can leave on my own accord and avoid another termination.

At this point I have to explain my location and "please read" part. I am a naturalized US citizen. I still carry two passports. Having sid that, a job opportunity came up from a company located in my birth place. The title of the job will make me eligible for higher ranked jobs when I decide to come back to the US. Job is really something I like to do (not a total career change but it is better than what I have now). Problem is, standard of living is low over there and the money they are offering is less than 1/3 of my US salary. I can live comfortably with that money without sacrificing anything from my living standards, knowing well the cost of living over there.

But if and when I do that, I have to file an application to change the spousal support. How will this be taken by court deciding the amount of alimony ? Obviously I will not be able to afford $2000/mo. I may even be making less money than what she is claiming to make from her self employment here.

What can I do to prove that this is not a voluntary pay-cut to avoid paying support. Can I be forced to pay an amount that I can not afford ?

 

[Proserpina]

What is the name of your state (only U.S. law)? CA and more (please read)

My divorce case is going on for a year and a half and then some. Currently, on temporary basis, my stbx is getting $2K per month in spousal support. She is quote-unquote self employed and doesn't really want to work. SHe wants me to take care of her for the rest of her life. Our marriage was considered to be a short term marriage, slightly less than 9 years long. So, most probably I will be required to pay alimony for 4.5 years total.

Work-wise I am in a limbo right now. I am making very low 6 figures at my current job. I have been let go from my previous job and this one is not looking too bright as far as its future goes, due to something I said in public forum, which was unjustly associated to my name and company. I feel really insecure that I will be let go one day out of the blue. And I do not and can not afford 2 black eyes in a row, 1 year apart. So I was looking for other venues of employment, such that I can leave on my own accord and avoid another termination.

At this point I have to explain my location and "please read" part. I am a naturalized US citizen. I still carry two passports. Having sid that, a job opportunity came up from a company located in my birth place. The title of the job will make me eligible for higher ranked jobs when I decide to come back to the US. Job is really something I like to do (not a total career change but it is better than what I have now). Problem is, standard of living is low over there and the money they are offering is less than 1/3 of my US salary. I can live comfortably with that money without sacrificing anything from my living standards, knowing well the cost of living over there.

But if and when I do that, I have to file an application to change the spousal support. How will this be taken by court deciding the amount of alimony ? Obviously I will not be able to afford $2000/mo. I may even be making less money than what she is claiming to make from her self employment here.

What can I do to prove that this is not a voluntary pay-cut to avoid paying support. Can I be forced to pay an amount that I can not afford ?

I am not seeing where this would not be considered a voluntary reduction in income.

 

[lazaru5]

I am not seeing where this would not be considered a voluntary reduction in income.

Well, my feeling of job insecurity is not something that I can prove with hard evidence but I have company emails (must be subponead since they are more than 6 months old) questioning me about what I have publicly said and for all intents and purposes, scolding me. Since this event, we are never looking eye-to-eye with my boss. These are the reasons I am feeling that they are waiting for one small mistake that I will do, to kick me to the curb. I am very uncomfortable.

But after all, if I chose to quit and go start a substantially lower paying job, I am not sure how the judge presiding my case is going to look at that ? Even worse, if I can close the deal and get the divorce finalized before I leave US, when I apply for modification of spousal support from overseas, what kind of a bedlam I am going to find myself in ?

So, what you are saying is, I have to wait till I get kicked to the curb. Right ?

 

[mistoffolees]

Well, my feeling of job insecurity is not something that I can prove with hard evidence but I have company emails (must be subponead since they are more than 6 months old) questioning me about what I have publicly said and for all intents and purposes, scolding me. Since this event, we are never looking eye-to-eye with my boss. These are the reasons I am feeling that they are waiting for one small mistake that I will do, to kick me to the curb. I am very uncomfortable.

But after all, if I chose to quit and go start a substantially lower paying job, I am not sure how the judge presiding my case is going to look at that ? Even worse, if I can close the deal and get the divorce finalized before I leave US, when I apply for modification of spousal support from overseas, what kind of a bedlam I am going to find myself in ?

So, what you are saying is, I have to wait till I get kicked to the curb. Right ?

Even then it might be considered voluntary reduction of income - which means that you might not get a reduction in spousal support.

What you REALLY need to do is apologize to your boss for your stupidity, tell him it will never happen again, hope that he's understanding, and stop doing stupid things.

 

[Proserpina]

Even then it might be considered voluntary reduction of income - which means that you might not get a reduction in spousal support.

What you REALLY need to do is apologize to your boss for your stupidity, tell him it will never happen again, hope that he's understanding, and stop doing stupid things.

Agreed.

If somebody's conduct is such that it causes them to be fired, the court may well see that as a voluntary reduction of income.