My ex recently quit his job and is seeking to reduce child support and alimony payments. Can he do this?
Imputation of income is a harsh result where the Court requires a party to pay spousal maintenance (or child support) based on earning capacity rather than true income. For example, if one party quits a job and reduces his/her income voluntarily or if a party fails to seek gainful employment though able-bodied, the Court may base that persons income on earning capacity. Oftentimes, the persons prior work history plays a pivotal role in determining what they have the ability to earn.
