Question on income...

SwamiSweatSocks · 2021-08-24T19:27:06+00:00

Maybe ask to impute her income, after all what is keeping your ex from working full time? Also, is she under employed?

Throwaway4120213 · 2021-08-24T20:29:10+00:00

Do NOT take a second job before the divorce:

1) For a 20yr+ marriage in California - assume you will be paying alimony for a long time. Even a small increase in your alimony due to this second job - say $300/month extra is $36k post-tax money over 10yrs. That will probably offset the extra take-home income that you will receive this year. Oh yeah - and half of the income you pocket from this second job next year goes to her in division of assets.

2) In my State, separation date was filing date. I waited to file (stupidly) and in that time - everything I earned - both retirement and savings - was 50% hers. Also got a promotion which increased my alimony, my retirement accounts appreciated a lot, and I tripped the big 15yr mark during that time so waiting to file was a COSTLY mistake. Not sure about California but divorce filing date is a clear cut black and white date to establish separation.

GoldPotential6298 · 2021-08-24T18:52:56+00:00

Don’t take on the extra part time job and income until after the divorce is final. They will use that in your income calculations and will result in you owing her even more.

email68 · 2021-08-25T05:21:43+00:00

Review the disomaster carefully. Mandatory retirement contributions, medical, etc. There are many others, lower your take home pay and by extension her percentage. Try and use a mediator and not go to court. Court you may find 10 years plus marriage is alimony for life.

MisterEdGein8 · 2021-08-24T17:08:54+00:00

That lawyer should be able to put the numbers into the Dissomaster. Just run a scenario where your income is higher and see how much the alimony increases. I wouldn't count on CA not considering that income. When I filed, I worked a ton of OT the previous years, nearly doubling my income. The alimony calculation didn't take into account that half of my income would come from OT. It didn't consider the scenario where I lost all OT. The Dissomaster spit out $3,500/month in alimony. Basically mandatory OT. If it dried up, I would be totally screwed, unable to pay even the most basic living expenses (studio apartment, utilities, food, etc).
I believe the financials are locked on the day you file. At least that is the date I recall using for my financial disclosures. The lawyer should be able to advise you on all of these details, assuming they are experienced.

ThrowAwayRAOoops · 2021-08-24T20:12:08+00:00

The 2nd job will count as an increase in income - it's a change of circumstances and it can work against you in how much you pay. Basically, unless you've negotiated a cap in the marital standard of living then you'll pay more. Child support will definitely go up.

If your wife is working part time, her income should be imputed to full time. You should be paying on her FULL TIM income even if she is choosing to work part time. You can't CHOOSE to work part time and she can't either. She is expected to support herself if she is able and it sounds like she is.

Ask your attorney about the Gavron warning as well.

Everything you have prior to establishing a date of separation is community property unless you have some prenuptial agreement that details something else AND is enforceable.

Even if you have your child 50/50 you can still pay substantial child support if there is a significant income difference between the two of you. It's a punishing system.

File as soon as you can, waiting only costs more but yes - get your ducks in a row.

jimsmythee · 2021-08-25T02:34:33+00:00

It’s the California divorce rape. Don’t do ANYTHING to increase you income until after you’re divorced. Other states (like AZ) view a second job or working overtime as a temporary way a spouse can increase income, and it’s not factored into alimony or CS.

California says “it’s your regular income and ex spouse is entitled to a cut of that.”

HerbEverstanks · 2021-08-25T14:24:06+00:00

I’m not in CA, I just started making decent $ about 3 years before filing. All the judge looked at was my last W-2 for spousal support. Since she dragged it on into 2021, the judge looked at my final pay stub for 2020. Since she is dragging it on, probably into 2022, the judge will have to look at my final pay stub for 2021, after my lawyer files an order, since I will have made less in 2021. Not by choice.

25_years · 2021-08-25T14:51:19+00:00

I concur with the other comments: Your second income will work against you. There is only a very narrow set of circumstances in which it can help. In many states, a man who's behind in child support can take a second job exclusively for the purpose of paying-off his child support debt, and the extra income will not count against him. But that's the only time a second job will help.

Also, consider this: Suppose you have a job in which you could volunteer to go off and do hazardous duty for a big bonus. If you did that during a divorce, you'd be expected to keep doing it forever. No second job needed to fuck yourself (like I did).

Scelerophobic · 2021-08-25T20:15:31+00:00

DO NOT MAKE EXTRA INCOME! It will be used to calculate alimony, child support, debt payoff etc. Then when you don't have the job, trying to modify the orders is near impossible.

In fact, if you can, try to make as little money as possible while maintaining you current debts and bills. Drop whatever you can drop that is replaceable or you are able to get back.

DO NOT waste money of repairing the house. Sell it as is. Only repair things that is recommended by the real estate agent, must be done because of building inspector, or is bargained for by a potential buyer to make the sale.

Just make sure the sale covers the mortgage payoff, the closing cost, etc, and the real estate agent. Ne happy to walk away with zero dollars as long as you don't owe. And the potential money put in that you didn't is the money saved.

Just get out as fast and easy as you can.

STOP Thinking rationally ( ex. extra job to pay off debts). The courts are set up to punish a man for this.

You need to hire an attorney and start paying for his/her/their advice asap. They know the laws, the judges in the courts you'll be seeing, what judges preferences are, what can be bargained, used against you, etc. Even of you only pay for a few hours of a lawyers time.

Finally, the money will be just yours when you no longer have alimoney or child support obligations. Legally, typically, you are required to notify the court or child support people of any substantial income gains.

Trust me, if they find out you make more, they'll take you infront of a judge asap and up all your payments. Lose a job? You'll find all kinds of laws and rules that don't allow you to lower the payment onligation amount for jack $%&.

At least wait until after the divorce to start grinding, and do it low key. Don't pull up to X's house in a loaded caddy, or brag on facebook about anything. Pretend she doesnt exist, while also pretending she lives next door. Stay low key.

Title	Question on income...
Author	tanotsurewhattodo12
Upvotes	4
Comments	33
Date	August 24, 2021 4:34 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/paqvuh/question_on_income/
Archive Link	https://theredarchive.com/r/Divorce_Men/question-on-income.1060124 https://theredarchive.com/post/1060124

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