C/S question (WI)

AirSailer · 2023-02-17T18:15:30+00:00

I'm kind of in the same boat, my ex only works 10-15 hours per week with zero expectation that she should work more hours than that. The judge in my case basically took her word, without any supporting medical documentation, that she cannot work more than that. My lawyer argued that she can work more, but we had no proof for our argument....

Can you prove to the judge that your ex is making this change voluntarily?

jimsmythee · 2023-02-17T18:22:27+00:00

Here is what you do. You need to be proactive, not reactive.

Your exwife will take this lower-paying job and then file a court motion saying, "hey, my income went down! Ex husband needs to pay more!"

You need to be proactive and have documents ready of historical earning capacity, so that the courts won't penalize you.

bes753 · 2023-02-17T19:17:28+00:00

Not sure about WI, but my state will allow you to impute income to a parent based on earning capacity. This helps to keep people from taking advantage by being voluntarily unemployed or under-employed.

Big_Calendar_4170 · 2023-02-18T01:04:00+00:00

She can be held to her earning potential.

Worst case scenario if you have no proof of previous earnings, your attorney can subpoena for tax returns, paystubs.

If she’s your ex wife, then there should’ve already been a discovery process as part of divorce and proof of income. I was able to use my ex’s resume, paystubs, and discovery information against her to hold her to RN salary when she took a min wage job and requested $2K per month for 50/50.

In her first discovery, she said she is happy with her job, in her second discovery, she claimed she voluntarily quit her job to spend more time with our child.

The master sided with me and the amount is now only about $900 per month for 50/50 to offset our income difference. I got credit for child care, piano lessons, health, dental, vision insurance and was able to exclude a portion of my employer’s retirement contributions as income because it’s not accessible (not even in loan form) until I’m retirement age.

Prior to the hearing, the support officer sided with her on $1.7K per month. Fortunately the master sided with me and outlined his reasoning or reference for every disputed item in the post-hearing order.

If you can’t prove earning potential, you could hire a vocational expert to determine her earning potential. A vocational expert’s report, or testimony, is subject to cross-examination, but could be very powerful for either the plaintiff or the defendant.

Title	C/S question (WI)
Author	chicken_po_boy
Upvotes	5
Comments	5
Date	February 17, 2023 5:56 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/114t3gn/cs_question_wi/
Archive Link	https://theredarchive.com/r/Divorce_Men/cs-question-wi.1152313 https://theredarchive.com/post/1152313

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