Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1

    Exclamation Spouse Fired from Job and Wants to Discontinue Payments

    My question involves divorce in the State of: CA

    Married 5 years
    No children
    Separated almost 2 years (Divorce still in process)
    He has been paying since separation
    He recently got fired from his job - in my opinion due to his own fault as his boss threatened to fire him if he doesn't improve
    Based on his (verbal) promise to continue to pay me (the same amount!) I moved to a new apartment (I move out of his apartment that I had been living and paying rent for so that he could rent it out for more money) and signed a lease for one year (two months ago). He got fired after I signed the lease but before I moved. He continued to pay me but now says that his attorney told him he doesn't have to pay anymore. Is that true if he lost his job due to his own fault? My own income covers my rent but not much beyond that. He earned 5x (!) as much as I make now. I would have never signed this lease had I known that he would stop paying me.

    In addition, he wants to reevaluate all assets for the settlement agreement which were originally evaluated soon after the separation. Now that the market has taken a nose-dive, he wants everything reevaluated - because according to his lawyer it's been so long that the law requires it. I'm pretty sure he is lying about his lawyer telling him this.

    My lawyer suggested to file a motion to impute his income so I sent him an email (CCing my lawyer and his) telling him that I will do so if he doesn't make the next payment. What are my chances to succeed? What else can I do?

    Any help is appreciated!
    Thanks.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Spouse Fired from Job; Wants to Discontinue Payments

    We have no idea on the particulars involved in your divorce. You should do what your attorney advises you to do. Was is he "paying you" for spousal support? Is there a court order of just the verbal agreement? What was the verbal agreement?

    He has a right to reassess if the divorce is not final espically with the change in job status. Spousal support with a marriage that lasted only 3 yrs would be a stretch to begin with (IMHO) and you've been seperated almost as long as you were married.

    It's not wise to put yourself in a financial situation where your lifestyle is dependent on your soon to be ex. Doing so is a gamble. It has been long enough to ask the court to reevaluate the assets.

  3. #3

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    I was married as in 'with him' for 5 years and since then separated for 2 years. So married on paper for 7 years. We have a drafted agreement that outlines spousal support payments and the settlement. However, it has never been signed. We have been negotiating for over a year (mostly between us and without the lawyers but they have seen the draft.)

    I see from your posting that you are from Ohio. Is your expert opinion based on Ohio law or CA law?

    I would not have chosen this 'lifestyle' had I known that he would do this. Based on his assurance (including his promise to keep paying me even in the event that he would lose his job), I felt secure.

    Does it not matter at all that he got fired due to his own fault? Or that his earning potential is 5x that of mine?

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    I was married as in 'with him' for 5 years and since then separated for 2 years. So married on paper for 7 years
    That helps your case more, that wasn't clear from your original post

    We have a drafted agreement that outlines spousal support payments and the settlement. However, it has never been signed. We have been negotiating for over a year (mostly between us and without the lawyers but they have seen the draft.)
    You and your soon to be ex are paying good money for your attorney's and someone has dropped the ball here. Its much easier to enforce a court order. It's also to protect yourself as well. What if by the luck of the draw you end up making 5x's as much as him? He can make a legal claim against you. Who knows, maybe that was his plan all along, we don't know the particulars. What if you by chance come into a lottery windfall?
    I see from your posting that you are from Ohio. Is your expert opinion based on Ohio law or CA law?
    My vast wealth of knowledge has a wide range.
    I would not have chosen this 'lifestyle' had I known that he would do this. Based on his assurance (including his promise to keep paying me even in the event that he would lose his job), I felt secure.
    I realize this, but in this day and age, nothing is secure. He's going to say that he had every intention of keeping that promise but it's hard to drain money from a turnip.
    Does it not matter at all that he got fired due to his own fault? Or that his earning potential is 5x that of mine?
    It was not his choice to get fired is what he's going to say. He didn't quit or walk away from a job, he was terminated. He's potential also plays a role but the word potential is going to take a great turn in his favor. It's like when someone pays child support, if they have a change in job status (take a lesser job) they can go back to court and as for a modification based on new/different incomes.

    This situation really sucks for you..please get on the phone with your attorney and get something in writing to protect yourself.

  5. #5

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    Based on my lawyer's advice I sent an email to him listing all the reasons why I think he's wrong and that I will ask a court to impute his income if he doesn't pay on the next scheduled payday. He hasn't responded yet. What do you think about that? What else can I get in writing?

    By the way, he is renting out the apartment we used to live in and he is collecting unemployment. Will that help?

    Also, I think he actually DID want to get fired. He hated working there and was so happy when he was out. His boss told him that he wasn't doing a good job. I asked him if he was at all worried. He said no.

    Thanks.

  6. #6
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    Based on my lawyer's advice I sent an email to him listing all the reasons why I think he's wrong and that I will ask a court to impute his income if he doesn't pay on the next scheduled payday. He hasn't responded yet. What do you think about that? What else can I get in writing?
    Your going to have to wait for his response. He may suddenly come up with the money. I think this is the smart thing for you to do. He is going to have to disclose all of his income in court.

    The other thing that you want to consider incase you haven't, is your credit. I have no idea what kind of a person he is or his financial situation but you don't want an unemployed soon to be ex using your credit. If you have any joint accounts, close them. Any joint debts need to be addressed in the divorce settlement so it cant be discharged in a potential bankruptcy he may file.

    As far as him wanting to get fired. It's not against the law. Unemployment will require him to actively look for another job.

  7. #7

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    We closed all joint accounts and credit cards the week after we separated.

    With regards to the assets and the time of their evaluation; is there an exception for some of the asset to always be evaluated at the time of separation? Someone mentioned to me today that a 401k always has to be evaluated at the time of separation because the contributions are only community property for the time of the marriage. Is this correct? If so, what is the Family Code I could cite to prove this?
    The other assets in question are several investments, a condo (which is his property but the value increase during the marriage is partly mine) and his two motorcycles.

    Thanks for your help. I really appreciate it.

  8. #8
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    The assets should be evaluated at the time of seperation. Was this done? But at if there is a change of status (like a job termination) one person can as for a re-evaluation even if there was a court order for the support. Generally, the rule of thumb is half the time you were married for marriages that lasted under 10 yrs. This re eval can include assets.

    (I will look for the code, but short on time at the moment.)

    Also, what was the terms of your verbal support agreement? When was the end date?

  9. #9

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    I thought the rule of half of the length of the marriage only applies to spousal support but not the valuation of assets. Yes, we evaluated the assets after separation. He may have a change in job status but if he gets a new job within a few months, it would only be a temporary situation. Would that help my case?

    The verbal agreement for spousal support has varied since separation. I've changed jobs twice - the second job change increased my income significantly compared to the one I had before but is still only a 5th of what he made. I only finished college in 2006. The plan was that he would start paying me in March 07 and end in October 2009.

  10. #10
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    If your soon to be ex were smart, he's pay you the remaining payments left. There is realistically 10/11 months left and its likely to be cheaper to pay you than to drag this out in court. You might want to bring this to his attention as food for thought.

    The problem with your case is that the divorce isn't settled. His temporary situation may be longer than a few months (espically in this economy). He could drag his feet on this making it more difficult. If he gets a job that pays less, he can say...Yes, I have potential but I'm willing to take any job I get, there aren't many out there. We don't know what his lawyer has in mind.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Chapter 7: Schedule J and Non-Filing Spouse's Student Loan Payments
    By mrbrown2195 in forum Bankruptcy Law
    Replies: 3
    Last Post: 10-16-2010, 04:08 PM
  2. Repossession: Can a Bank Take Car Payments Out of a Joint Account if the Loan Belongs to One Spouse
    By cvandaniker in forum Cars and Dealerships
    Replies: 1
    Last Post: 03-03-2009, 09:05 AM
  3. Property Division: Spouse Isn't Making Car Payments After Separation
    By FandY in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-30-2008, 07:34 AM
  4. Replies: 3
    Last Post: 12-05-2007, 01:12 PM
  5. Military Benefits: Is Military Retirement Payments to Ex-Spouse and Taxes
    By Hoseab in forum Military Law
    Replies: 1
    Last Post: 02-13-2007, 07:15 AM
 
 
Sponsored Links

Legal Help, Information and Resources