His income -- reality versus legal decision


#1

My husband has a Master’s degree and is emminently qualified to work in his field. Last job was $130K +. He got laid off (not uncommon in his field), and threw himself a 2 yr pity party living off our then considerable savings. (I had a newborn for whom he would not take care, so getting a job myself was not an option.) He then insisted we purchase a business together. Business has major potential for growth, but currently we’re only able to draw a salary of $30K each.

I’ve seen here that a judge can force the level of alimony/child support to a higher level based on his potential to be earning more. But, the reality is that in the current economic climate he may not be able to find that sort of job for quite some time. What happens then, other than having him fall behind on payments? Much as I can’t stand him, I wouldn’t punish the kids by having him thrown in jail or withholding visitation. Can I go after his share of the house and/or the business?


#2

Income can be imputed when someone is found to be depressing their income in bad faith. If your husband is diligently trying to secure employment on an appropriate level an cannot it is not likely that extra income will be imputed.
If the house and the business where purchased during the marriage you are entitled to half of the value of both.