Losing a job?


#1

If I understand your question correctly, I believe you are asking what happens if your husband loses his job. Regardless of the reason, if he wants to get his child support payments reduced then he must petition the court. From there if he is intentionally trying to be fired and therefore suppress his income then the pre-firing income would be imputed to him (child support would remain the same). If he is legitimately fired then it will be between the judge and him to decide how fast he will have to get back on his feet. Job or no job, he will pay something. If you have any evidence to suggest he is suppressing his income then it would be in your best interest to have as much information as possible to provide to the court to support your claim.

Richard “Bert” Diener
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1535 direct voice
919.787.6668 main voice
919.787.6361 main fax
www.rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

You understood correctly, thank you, for your answer.


#3

How would this change if the husband was not required to pay child support but did agree in the separation agreement to pay alimony.

He loses his job and cannot meet his obligation to pay some or all of the agreed alimony.

Would he have to go before a judge to reduce the alomony?


#4

Dear pf99:

It works substantially similar for alimony paid according to a separation agreement, but the process takes a little longer since you have to file a breach of contract claim. He could not reduce the alimony in the separation agreement, unless the agreement allowed him to. Best to get the agreement reviewed by an attorney for this answer. Let us know how it turns out!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

My husband has worked in his field, for over twenty years and held his current job, with the state, for four and a half years. Yesterday, he kept saying, he had such a bad day, at work and asked me if I had considered how things would go, if he lost if his job. Since, I’ve known him, over nine years, he has never been fired, from this type of work and had no history of being fired. He was fired, once, from a job that was far beneath him, he took as a favor, to a friend, that he hated and was boring.

In the past, he would get extremely stressed out and agitated, over the mere possibility of losing a job, even if it was through, no fault, of his own, but yesterday, he was stone calm.

I have to think, if he is fired, it would be because he is trying to get out of his financial obligations, to me. Would it be up to me to prove this?