Wasn’t there a comedian/actor who was/is living in Canada to avoid maintenance payments he couldn’t possibly make, as the calculation was done with he had just received about three years income in a single cheque, and he doesn’t actually make 3 years income each month
I wouldn’t be surprised, based on that, if what matters is income on the day of the court order
Foley married Canadian writer Tabatha Southey on December 31, 1991.[14] They divorced in 1997.[14] The couple has two children.[14] In 2001, an interim child support agreement obligated Foley to pay Southey $10,700 a month, a figure based on his income when NewsRadio was in production. By 2011, Foley claimed that his earnings had declined to the point that the $10,700 sum constituted “literally 400 percent of [his] income” but he was unable to get the obligation reduced in court
Usually it is your “potential”. I.e. a programmer can’t just decide to drop programming and start something that doesn’t bring any money. It’s also possible to renegotiate it if you lost a job or the like.
Not necessarily. I recall a court case where an ex-husband tried to reduce alimony payments by quitting a well-paying job in tech to work at a fast food restaurant, got sued by the wife, and was ordered by the judge to continue paying the previous amount because he was clearly qualified and able to retain the job and had created the situation on purpose.
He’ll still be paying it even if fired. He would need to seek out a job that is at a similar level and would get the alimony adjusted if it pays a little more. But you can’t suddenly decide to quit a field you are qualified for, have plenty of opportunities to work in etc, to chase a fast food career. Even if you get fired and do that, the judge will see it as malicious - you wouldn’t do that if you had a family to support.
Also, if you prove you cannot find a job and are looking, they’ll adjust it too, and will let you find a shittier job in the meantime. It’s just if you do it all maliciously where they will say “nope”
From my understanding, I believe it does, in that if your income decreased, your alimony can be reduced.
Of course, this is almost certainly a work of fiction.
Sure, but once your income goes back up so does the alimony, at least in the US
Wasn’t there a comedian/actor who was/is living in Canada to avoid maintenance payments he couldn’t possibly make, as the calculation was done with he had just received about three years income in a single cheque, and he doesn’t actually make 3 years income each month
I wouldn’t be surprised, based on that, if what matters is income on the day of the court order
Dave Foley
https://en.m.wikipedia.org/wiki/Dave_Foley
Usually it is your “potential”. I.e. a programmer can’t just decide to drop programming and start something that doesn’t bring any money. It’s also possible to renegotiate it if you lost a job or the like.
deleted by creator
Not necessarily. I recall a court case where an ex-husband tried to reduce alimony payments by quitting a well-paying job in tech to work at a fast food restaurant, got sued by the wife, and was ordered by the judge to continue paying the previous amount because he was clearly qualified and able to retain the job and had created the situation on purpose.
He quit the job, rather than being fired, correct?
He’ll still be paying it even if fired. He would need to seek out a job that is at a similar level and would get the alimony adjusted if it pays a little more. But you can’t suddenly decide to quit a field you are qualified for, have plenty of opportunities to work in etc, to chase a fast food career. Even if you get fired and do that, the judge will see it as malicious - you wouldn’t do that if you had a family to support.
Also, if you prove you cannot find a job and are looking, they’ll adjust it too, and will let you find a shittier job in the meantime. It’s just if you do it all maliciously where they will say “nope”