The Law Office of Rajeh A Saadeh LLC
Serving All Of New Jersey
The Right Lawyers Make a Difference
Call Now

Sophisticated Counsel. Smart Strategies.

My ex has a far greater earning capacity than this

On Behalf of | Nov 7, 2022 | Divorce

Determinations about alimony and child support depend on each party’s financial situation. A court may order your spouse to make income-based payments for a specific timeframe as part of your divorce terms.

If you’re on the receiving end of such calculations, you probably have good reason to advocate for the maximum amount possible. However, what can you do if your ex’s reported income is far less than they’re capable of earning?

How can a court protect my interests?

Ideally, your spouse has a history of working to their full potential, and the court would issue support orders accordingly. But some individuals take asset protection into their own hands.

Your ex could intentionally minimize their income level in a selfish attempt to spite you. Thankfully, you don’t necessarily have to suffer a loss because of their elective earning choices.

Imputed income in divorce

The court can assign an estimated income to your spouse if they report an inability to pay support.

Barriers to employment are one thing; a court doesn’t aim to inflict additional hardship after situations out of your (or your former spouse’s) control. However, you can seek fair judgment for voluntary unemployment or underemployment.

How much could they earn?

You may want to involve a vocational expert if you’re convinced your ex is shirking their financial responsibilities. The tasks of their role would include:

  • Establishing your ex’s work aptitude
  • Gathering a list of applicable job openings in your local area
  • Determining an appropriate potential salary

From there, they can help you support your case before a judge.

You and your children deserve the best possible results, no matter your social standing or income tax bracket. Remember, you’re not alone just because your marriage is ending. It is important to work with a sophisticated family law attorney when facing complex support and property division issues during divorce.





Rated by Super Lawyers | Rajeh A Saadeh |
Best of the Best Attorneys | Top 10 | Family Law Attorney | 2023
Avvo Rating 10 | Rajeh A Saadeh | Top Attorney
Avvo Clients' Choice Award 2021 | Rajeh A Saadeh
Avvo Reviews | Five stars out of 59 reviews | Rajeh A Saadeh
Rajeh Saadeh | Client Champion Platinum Distinction | 2023
America's Best Advocates | Top 10 Attorneys | Family Law | 2023
America's Most Honored Lawyers | Rajeh A Saadeh
American Association Of Attorney Advocates | Top 10 Attorney - 2023 Member | Family Law 2023 Award Winner
Best Family Law Lawyers 2021
Best Lawyers Best Law Firms | U.S. News and World Report | 2022
Top 10 Attorney And Practice Magazines Family Law Attorney 2023