Imagine you are in the midst of a divorce action, and when the time comes for the court to rule on child support, your spouse slouches into court with pockets turned inside out, pleading poverty. Poor spouse: No job, no prospects, no chance of contributing anything significant toward the support of those cherished children. Oh, poor, poor spouse. The thing is, you happen to know your spouse has an advanced degree, a successful previous work history, plenty of contacts and connections, and all the physical and mental health required to be gainfully employed.
Fear not: The ploy will probably not work.
The Court has been around the divorce block a few times, and knows all the tricks. This one is called voluntary impoverishment — intentionally manipulating one’s situation to create the appearance of hardship, in order to avoid making child support or alimony payments. In making a determination of voluntary impoverishment, the Court will consider factors such as:
- The parent’s educational level and prior work history
- The time frame, relative to the divorce, in which the parent became unemployed
- The amount of effort the parent has demonstrated toward finding employment
- The job market in the area where the parent lives
- The parent’s physical condition
Based on these and other factors, if the empty-handed parent is found to be bending the truth, the court may determine child support and/or alimony payments based on an assumed potential income. Chances are that will get your “poor” ex back on the road to riches in no time.
Huesman, Jones & Miles, LLC: Bel Air Divorce Lawyers Providing Experienced Representation for Maryland Residents
If you are in need of any assistance with any divorce matter including child support, child custody or spousal support, please contact Huesman, Jones & Miles, LLC to schedule a consultation with one of our reputable Bel Air divorce lawyers. Our office is conveniently located in Hunt Valley making us easily accessible to residents throughout Baltimore County, Harford County, Howard County and Carroll County including the areas of Essex, Bel Air, Columbia, Baltimore and Towson. Call us today at (443) 589-0150 or contact us online.