Stop working before Divorce.

Jbr74 · 2022-07-18T16:44:19+00:00

You would probably have to do that for more like 2-3 years. I know because it worked for me, not intentionally, but for the last 3 years of my marriage, I made the least amount I ever made in my 22-year marriage due to health issues. Substantially less, I went from well into 6 figures down to lower 5 figures. The divorce was based on the last 3 years for me, and now (3 years post-divorce) I'm healthy and my income is back. And I pay $0 alimony (and I was in a potential lifetime alimony state.)

The thing was, it wasn't planned, she's the one who filed. I guess she shouldn't have waited as long as she did. Worked out great for me though.

BlendedChaos2012 · 2022-07-18T13:57:33+00:00

Probably not a good idea. The judge will see through what you’re trying to do. If you go from a multiple six figures to say $50,000 it’s not going to look good for you.

recce22 · 2022-07-18T15:20:23+00:00

Won’t do much!

You will have to submit paystubs and tax returns. Also, it depends where you live and you may be stuck with paying alimony. If you have been the bread winner, it will be “chicken dinner” for her.

CrazySanta7 · 2022-07-18T16:16:35+00:00

The courts are like the IRS, they find ways to prevent people from 'scamming' the system. It won't matter much.

henrysmyagent · 2022-07-18T17:42:32+00:00

Men are punished in divorce court for hard work and sacrifice.

Women are incentivized to cheat and end marriages because they recieve cash and prizes when they do.

What is surprising is not the high rate of marriage failure, but that any marriages last at all.

I recommend marriage to every man I hate.

Funny_Wolverine_9 · 2022-07-18T17:31:58+00:00

Haha...women have been doing this for the past 60 years and now poor men are finally waking up......

Men need to be educated on how the system is inherently designed to fuck men over from their money, their kids, and their livelihood. Imagine paying 50% of your net income in child support and seeing your kids 3x a months....this is 90% of men out there

NothingIsEverEnough · 2022-07-18T15:35:33+00:00

Our judge wanted three years of tax returns.

TheBoyBand · 2022-07-18T15:36:53+00:00

I planned in May that I was going to take 6 months to a year off for my mental health, I have two pensions that can cover CS and Alimony (if awarded). This was planned with her of course, a month later she decides to go back with AP throwing my mental health in an even deeper hole. Im going to continue with my plan to take time off, ptsd amongst other issues and now divorce oooffff im lucky im not a suicide statistic, judge might not look at not working favorably but he/she can go F herself too, im taking care of me for the first time.

dday_throwaway3 · 2022-07-18T16:13:31+00:00

Your income will be imputed based on your capacity to earn, not your current salary.

Gattsama · 2022-07-18T17:12:21+00:00

Confirm with an attitude tour area but you would need to demonstrate why you stopped earning and have that lower income for quite a while. Again no idea how long, but a few months won't cut it. Otherwise as others have stated you will be imputed to your previous years income.

Basically the goal of being imputed is to prevent just what you are describing. Husbands choosing to work at the beach selling painted rocks instead at the law firm for the past 10 years. The court will imput you based on previous tax returns for tour earning potential NOT your current earnings.

The same is true for her. Even if she hasn't worked, if she has a college or advance degree you can have her imputed for what she is capable of earning or just minimum wage. Worst case you can pay for a vocational evaluation to base it on.

Bottom line if you plan to get divorced soon. There is no way to really avoid getting fucked 🤷‍♂️ The entire system is set up for this. It's the only reason divorce lawyers exist and the laws / regulations have been created over decades. You are not going to cheat, win or game the system.

The best you can do is read everything you can, accept what the law / system is, and move quickly to achieve that without wasting tons of money of legal fees that will result I'm the exact same outcome. If you she her trying to be unfair (legally that is) fight that. But the system is what it is.

PurpleTacoTuesday · 2022-07-18T19:39:22+00:00

Better to get your support establish and go on to have the best earning years of your life.

Make more money. Enjoy life more.

Taking a shit job so that you don’t have child support, but then you have no money…

Freefaller6 · 2022-07-19T02:09:58+00:00

You’re overthinking it, but don’t fuck yourself. I am going through it too and make good money. At the end of the day give her half and move on. If you fight it or have shitty lawyers like I do, they will milk you and you’ll wind up at trial where the judge will give her half anyway. I am 11 months in at $30k in fees with nothing to show for it.

jkw118 · 2022-07-18T17:39:29+00:00

So I've been told it's based on the potential income, etc..

So I have a bachelors in compsci, and make close to 90K

my stbx has a bachelors, and a minor, as well as a masters in business... She barely kept a job before the divorce, and now is basically going between admin jobs and substitute teaching (and I feel bad for the kids)

I'm still expecting to get completely screwed, and I have our 3 kids 95% of the time and pay for everything for them... Clothes etc.. ex doesn't chip in at all or buy them anything. When she does, it's a constant I'm going to get clothes for them, can you cover 200 of it. They really need x or y.

The ex has mental issues as well, but refuses to get it legally documented (ie for disability) as then she'd probably not be allowed to teach among other things. Her parents pay most of her bills.

_Why_Not_Today_ · 2022-07-18T17:57:47+00:00

You would need a good story to support the change. Anxiety, desire to spend time with the kids now that you are getting divorced, etc.

MillenialShift · 2022-07-18T19:07:41+00:00

The fact that you have you have to think about this proves how shitty the laws are for men and how there is no incentive of you wanting the best for yourself. It is extremely horrible when women take advantage of this in times with equal rights and equal opportunities. My heart goes out to you (and to myself).. my wife wants hundreds of thousands of dollars in cash settlement and on top of that wants to use the "child support calculator" to determine child support which comes out to 3000$ a month.... Unfair world. Sometimes I wonder if life is worth living..

pk1at · 2022-07-18T19:41:51+00:00

This could be another option for you

http://chiappellilaw.com/blog/child-support-and-second-job/

throwaway48453 · 2022-07-18T20:35:03+00:00

Take a look at https://www.jdsupra.com/legalnews/losing-your-job-during-a-divorce-a-6265051/

In Giunta v. Fahey, the husband had been earning $200,000 per year, got laid off, and then was imputed to $120,000 rather than $200,000 because it looked like he was not going to be able to find another job like that.

He testified that virtually all the job openings for which he would otherwise be qualified include “MBA or CPA preferred” and that he had neither credential. He further testified that the annual salaries for the jobs he is qualified for, and to which he had been actively applying, ranged between $125,000 and $140,000 per year.

...

Further, the trial court held that if the husband’s unemployment or underemployment persists despite his best efforts, he can move to modify the alimony due to an alleged change in circumstances.

The wife had been earning $65,000 per year as a financial analyst, left the workforce to raise their children, then went back to work as a receptionist with a salary of $50,000 per year. The court used $50,000 for alimony calculations rather than the "lower to upper $60,000 range" suggested by an employability expert.

At least in this case, it looks like the justice system makes an effort to determine the fair level of income for support calculations rather than always choosing the highest number or using a rigid formula based on historical income. It even allows the possibility of modifying alimony if circumstances change.

This is just one example from New Jersey. Your case might be handled differently.

Suddenly switching to a low-income job might look like an attempt to game the system unless you have a good reason for doing so, for example a medical condition. I think you should stick with real estate unless you hate it or are suffering from a medical condition, but should avoid putting in a lot of extra hours. You should keep records of how many hours you work each week.

Late-Kangaroo6081 · 2022-07-18T20:45:19+00:00

It will be seen as a transparent attempt to lower your income and be ignored or worse, a judge will distrust you. Your income should be assessed as the average of the last few years.

Tiger_27 · 2022-07-18T21:52:07+00:00

Let her be the one to file first. If you had a good year or years that's to your detriment in divorce. Best to document all assets (everything including house cars etc), and it couldn't hurt to check for an OM. Consult a lawyer, but don't file.

Personally, I wouldn't deactivate because the system usually looks back a predetermined number of years so quitting now won't do you any good.

Divorce is a bitch!

Good luck!

G

pk1at · 2022-07-18T22:58:08+00:00

My two cents here is that you are better off inactivating your license and switching to a low income job. Sure the judge may decide to impute income, but they are using discretion and going against the state recommendation. This gives you plenty of options to appeal. If you continue in your current job, its almost certain you will lose more in court. Worse your option to appeal is limited

pegleg_legal · 2022-07-19T07:04:55+00:00

A sudden change like that will need a great explanation to avoid your prior income being used by the court to determine support. At the same time, you should fight for the fact that last year was an unusual year. Commission-based incomes are always tricky for the courts (too much thinking) so they'll take the simplest way possible to calculate your income - see what you can do to prevent that if it works in your favor. Any idea when the housing market will crash? That would seem to be the opportune time to implement some kind of plan.

JSNTFS · 2022-07-19T13:19:10+00:00

Talk to a lawyer, not Reddit.

PuzzleheadedRepeat41 · 2022-08-09T07:05:55+00:00

If it goes to trial, and if you play games it probably will, fhe Judge will not rule in your favor. Best not try it.

Title	Stop working before Divorce.
Author	Al-Rei
Upvotes	14
Comments	35
Date	July 18, 2022 1:46 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/w1zrkp/stop_working_before_divorce/
Archive Link	https://theredarchive.com/r/Divorce_Men/stop-working-before-divorce.1123980 https://theredarchive.com/post/1123980

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