Voluntary impoverishment....or "my spouse can make more than that!"

It is quite common for a new client to tell me that his or her spouse has hidden some income, or has purposefully taken a low-paying job to avoid paying more support.  This can be the case when the spouse is self-employed, or earns money in cash (tips for example).  Sometimes, there are allegations that the employer is in cahoots with the offending spouse and only documents some of the income.  Other times, the argument is that the spouse could take a higher paying job, such as was argued in the McGreevey case.  How do you prove this sorts of situations?  If the person is self-employed, a profit and loss statement may be needed.  Is the person using business income to pay personal expenses such as a car payment?  What are the person's regular expenses?  Does the person claim to make only $2,000 per month, yet is up to date on a hefty mortgage?   You may need to subpeona bank account statements, conduct depositions of the employer, or even hire experts to prove the true amount of income.  As the economy continues to tighten, expect more people to counter with "this is the only job I could find!"

Comments

[Lorna Snowden]

I want to have a motion to withdraw a restraing order against my husband