SPARC Forums

Jurisdiction is currently in KY.
Married 4 years; 2 year old son.  I resigned my $60K/yr job to further his career by moving from our home state to KY.

STBX worked at bank job $110K/yr.
Moved wife and 2 year old out of home to another state (MO).

According to him, resigned position 9/3/04 voluntarily to "pursue development opportunities" on the west coast.   He has zero income and had allowed health insurance to lapse.

Living with girlfriend, who dumped her husband and 2 kids.

1)  Given that this charmer has no income, and doesn't see any on the horizon (his words), what are my chances at the judge imputing income?

2) Do the courts really consider "established lifestyle" in determining temp support?

>1)  Given that this charmer has no income, and doesn't see any
>on the horizon (his words), what are my chances at the judge
>imputing income?

Please don't use outright or veiled insults ("charmer") about your opponent or I will delete your messages without review.

If you show that the other parent has (1) talent and ability to work, (2) availability of work commensurate with that talent and ability, and (3) unwillingness to work, then the court must impute income based on earning capacity.

If the other parent is living in CA, then I would seriously consider moving for a dismissal of the support portion of your divorce in KY and then filing against him for support in CA. CA's support guidelines are at least twice as high as KY's and the courts are unbelievably tough on parents who refuse to work. The court will tell him to get off his ass or go to jail in short order.

>
>2) Do the courts really consider "established lifestyle" in
>determining temp support?

If you're talking about spousal support, then, yes, the court uses the standard of living established during the marriage. For child support, the court considers the earning capacity of the obligor parent, which includes assets and income from all sources.