Wednesday, August 27, 2014

How does someone prove that their ex accepted a position in which he is over-qualified and under paid?Recently ended a divorce trial waiting for...

My sincerest condolences for your current position.  You didn't mention whether or not your had an attorney yet, or how far the divorce had proceeded at this point. Divorce laws are tricky from state to state, and vary greatly especially in terms of the division of property.  So there is no one size fits all answer we can give you here, and even if you have to borrow from friends or family to retain a good attorney, it may be worth your while to do so.


With as much as your ex made in income over the years, there is a good chance he is hiding some of it in other accounts or assets.  Your attorney can often help you to identify them, as you have a right to know exactly what he owns before any divorce settlement is finalized, and it will affect the final division of property and spousal/child support.


If you were married for more than a few years, you are entitled to a portion of his retirement account, so you may look into your options there.


If your husband gets spousal support lowered as he takes on this low paying job, if he were ever to take a higher paying one (say, right after support is lowered) then you could come right back to court and ask for more.  You could also have drawn into the settlement an automatic raise in support should his income/job situation stabilize.


Please do consult an attorney. I wish you and your son all the best.

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