Voluntary Under-Employment in Spousal Maintenance: When Not to Quit Your Job

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Thinking a new job for less money will automatically reduce your support obligation to your ex? Well, think again.

When you change jobs and accept less money, you could still be obligated to pay support based upon the higher paying job that you quit. Support may be based on earning capacity and not actual earnings. Here's an illustrative Mohave County case... 

Arthur Pullen was moving on with his life. After 29 years of marriage, his wife Connie had filed for divorce in Arizona. With the trial still ahead, he decided that a move to Port Townsend, Washington, and a new job were just what he wanted. He quit his job as a commercial truck driver for FedEx in Kingman and moved to Washington. FedEx had no positions available in Port Townsend for Arthur, and he rejected any transfer to another location.

In the meantime, the Superior Court granted Connie's request for spousal maintenance under ARS § 25-319A. Awarded $1,000 a month for 10 years, Connie satisfied one or more of the following support criteria:

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Scott David Stewart, Stewart & Lane, PLC | Attorney Advertising

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