In the middle of divorce process.....was unemployed from 5/2010 till 12/2011......in sales in Information Tech. ......now 53 years old.....was making six figures......couldn't get a job in my profession, so finally took a job in real estate investment/property mgmt......all commission, but eventually will be part of investment piece.......wife filed for divorce 7/2012.....now they think I am under employed, because she would need to pay me child & spousal support, until I make more money.
What do do I need to show, that I was trying to get a job?
What is expected in terms of amount of job applications?
My sales job was specialized in channel mgmt & storage.....so not alot of those jobs in Cincinnati, Ohio
Divorce / Separation Lawyer
If you are unemployed or underemployed, the court has the authority impute your income for child and/or spousal support purposes. In other words, they will treat it as if you were earning more than you actually are. There is no set formula for this and most appellate decisions will defer to the trial court's findings. The question you really should be asking is how do you show that you were involuntarily unemployed (versus voluntary termination.) If you lost your job due to market conditions or downsizing or some other reason that was not your fault, your argument against imputed income becomes much stronger. Talk to a family law attorney and they should be able to give you an idea of what evidence you can gather to support your argument based on the specifics of your case.
Legal disclaimer: The response does not form an attorney-client relationship. Further, the response is not intended to create nor does it create a duty to answer additional questions. The response should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney Sams is licensed to practice law only in the State of Ohio. All responses are based solely on Ohio law unless stated otherwise.
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Divorce / Separation Lawyer
You need to hire a family law attorney to help you with this case. They may advise you to use an economic/employment expert to testify regarding your situation. This is not inexpensive, but it sounds like the stakes in this case are great enough to make it worthwhile.
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