How does someone prove that their ex accepted a position in which he is over-qualified and under paid?
Recently ended a divorce trial waiting for decision. The referee has until July 15th to make a decision. my ex has filed a motion to modify support. For the past 7 years his yearly gross has been no less then 100,000.00, and no more then 160,000.00. He is one of the companies top ten most preferred sub-contractors.The contractor testified to that. The contractor claims his company suffered a 2 million dollar loss due to the economic crisis. The contractor claims the 80 sub-contractors he had working he is down to 20. My ex has laborers he hires to work. One of my ex's laborers is on the general contractors payroll working,my ex is not. He went to walmart claiming that was the only work he could find at this time. He is making $7.94 however, he is union trained,educated carpenter,went solo starting a business.He left myself, son in a pile of debt. I was never employed outside the home during the marriage. I am without words,in disbelief. How can this happen? Or will it happen? He is lying and refusing work until he can get support lowered. He told me he would do that. I want to file a motion in response to his motion to modify support. Even with me working we will never be able to avoid becoming homeless.
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Unfortunately, things like this happen all of the time. Whether or not he is hiding something or doing this on purpose to prevent you from getting alimony, is hard to say.
Keep in mind that anything that was acquired during the marriage is considered yours as well. You would be entitled to half of his pension, 401K, or whatever else he had.
Your best bet in to contact at least a couple of attorneys that specialize in divorce. They will be able to find out what is really going on. And in addition, definitely take the previous posters advise and make sure the divorce papers includes adjustment of alimony once he gets back on his feet and into his profession of expertise.
My sincerest condolences for your current position. You didn't mention whether or not your had an attorney yet, or how far the divorce had proceeded at this point. Divorce laws are tricky from state to state, and vary greatly especially in terms of the division of property. So there is no one size fits all answer we can give you here, and even if you have to borrow from friends or family to retain a good attorney, it may be worth your while to do so.
With as much as your ex made in income over the years, there is a good chance he is hiding some of it in other accounts or assets. Your attorney can often help you to identify them, as you have a right to know exactly what he owns before any divorce settlement is finalized, and it will affect the final division of property and spousal/child support.
If you were married for more than a few years, you are entitled to a portion of his retirement account, so you may look into your options there.
If your husband gets spousal support lowered as he takes on this low paying job, if he were ever to take a higher paying one (say, right after support is lowered) then you could come right back to court and ask for more. You could also have drawn into the settlement an automatic raise in support should his income/job situation stabilize.
Please do consult an attorney. I wish you and your son all the best.
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