Can the Judge impute income ??

Asked about 1 year ago - Newburgh, NY

I'm a board certified internist & my Husband is a cardiologist . We've been married for 20 yrs & have 2
boys 14 & 11 yrs old. From the time I started I 've always worked part- time .This was because my husband being on call & working long hours did not want me to work full- time ,in fact threatening me
that he would divorce me if I did.He said that without supervision after school ,in this country kids can
easily get swayed into bad habits / become drug addicts & tried to convince me by saying " You may earn more but will you be happy if one of the kids becomes a drug addict ? Now ,since he filed the divorce he wants me to work full time saying that with my salary I should be able to support myself so he doesn't have to pay a big chunk of his salary as spousal support to me.

Attorney answers (6)

  1. David Ivan Bliven

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    Contributor Level 20

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    Answered . You would ultimately need to show that you're making efforts to find full-time work. Your Husband is likely to deny making those statements or argue that he was only wanting you to stay home when the children were younger, not now when they're adolescents. But just because you make efforts to find full-time work doesn't mean you'll be successful - meaning this wouldn't negate the maintenance issue. For a full assessment, schedule a consultation with an Orange/Westchester Divorce attorney.

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  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . A Judge can always impute income but it doesn't mean that he/she will or do so fully. I hope you have an attorney.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Peter Christopher Lomtevas

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    Answered . Sure. It happens every day. Yours may be imputed because you are a highly credentialed individual and we are on a kick these days to punish success. However, there will be a division of assets and money and he will be more punished than you. I do hope you have an attorney.

    Good luck.

  4. Marco Caviglia

    Contributor Level 19

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    Answered . You will be hard put to get away with spousal maintenance. You are licensed and board certified and even you admit that is only because hubby didn't want you to work full time. That restriction is gone. I have never heard of someone with your background unable to find full time work which exceeds the income from the part time work. Your reward is that the superior assets from working full time that he brought into the marriage will be subject to equitable distribution and based upon your staying home and working only part time, you should get 50% or so of everything. Consult a matrimonial attorney, and consider one outside Orange County depending upon his connections with local attorneys as an MD.

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  5. Jayson Lutzky

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    Answered . Consult with an experienced divorce lawyer to help you. You can seek child support, spousal support, legal fees, share of pensions and assets accumulated during the marriage, health insurance, educational and child care expenses for the children. Each case varies on the circumstances. You past work history is a factor in the case.

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  6. Jayne Leslie Brayer

    Contributor Level 5

    Answered . Absolutely. Imputing income is discretionary. The amount is also discretionary, but would be based on income you would expect to make if you worked full time in your field. You should speak with an experienced attorney; someone who is extremely prepared and persuasive. Nothing is a guarantee but the right attorney could increase the likelihood of a favorable outcome.

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