What if an ex isn’t living up to their earning potential?

One of the key factors in determining how much spousal support (alimony) a person has to pay to their ex is income. The income of the payor and recipient are both considered. 

Another important factor, however, is earning potential. While a person’s income typically shouldn’t be much lower than how much they can earn based on their education, experience and skills, it sometimes falls below that based on factors beyond their control — like how their industry is doing, the local economy and more.

What if someone is intentionally minimizing their income?

Unfortunately, some people intentionally remain “underemployed” or unemployed to try to minimize or avoid alimony. On the other side of the equation, they may do the same in order to get more alimony. This practice is more common when the person who’s not living up to their earning potential has other, undisclosed sources of income. 

It’s crucial to understand the importance of earning potential if a person believes their ex isn’t being completely honest about their ability to support themselves or to pay spousal support. It’s one thing if someone becomes unemployed for a time because of layoffs or their income drops significantly because of a lack of work – for example, due to a downturn in the economy. However, it’s another when these factors don’t seem to be at play.

If you believe your ex isn’t being honest about their earning capability and that the support order should be modified (and certainly if your spouse isn’t abiding by the support order), you should take the matter to court. If they’re intentionally minimizing their income, the court can take the necessary steps to help ensure that the support is in line with their earning potential. Having experienced legal guidance when taking any divorce-related matter to court can be crucial to the outcome.