He was conveniently laid off days after he got married to a woman who has a lot of money. He turned down a job lead and recommendation from a collegue saying he wants to start his own business. He got his child support reduced and he and his wife are living very comfortably on her income and his unemployment compensation while the kids and I struggle. He was laid off 10 months ago and recently took a low paying job working with a friend. He has always made $80,000 plus in Sales, for at least the past 10 years. When I look at job websites like career builder.com, I find over 1100 sales manager jobs within a 20 mile radius of his home paying $80,000-$120,000/year. What can I do, particularly in the Delaware County, PA Courts which seem to me very sympathetic to unemployed men.
I'm not familiar with practice in Delaware County, but I do know that other income in the household can be considered in making a support award. He could have an imputed income of around $80,000 if you can show that he is not even trying to find employment in his previous field. It's very hard to do and I think courts everywhere are somewhat sympathetic to those who have been laid off.
My response to this question is intended for informational purposes only and should not be interpreted as legal advice. Please be aware that in answering this question, I do not intend to create a privileged or attorney-client relationship. Further, I can make no guarantee as to the accuracy of said answer due to variables that may not be apparent from the phrasing of the question. Every case is unique and this should not be a substitute for seeking personal legal advice from a licensed attorney in your jurisdiction.
My colleague is correct. I will add that most courts won't force people to find jobs at a previously higher salary if they have been laid off. Courts simply want people to try to find work and as much money as possible. Because the economy is so bad, courts will not place unreasonable expectations on people to find high-paying employment. Now, if you can prove that he is deliberately turning down higher-paying jobs, you may be able to impute the income as my colleague suggested. However, getting that "proof" will be next to impossible. Just because jobs are available doesn't mean that he must apply or that he qualifies or will get the job. If he's offered a job and turns it down, that's another thing, but how will you get that information?
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