![]() In the case Marriage of Eggers, the Court said there might be a situation where the employee’s conduct warrants considering a claimed involuntary termination of employment as actually voluntary for purposes of determining the parent’s earning capacity. For example, if you knew that you had to be to work by 9:00am every day, but consistently showed up at 10:15, was being fired really involuntary? All things being equal, if you showed up on time you would still have a job. If you are fired for cause, it is usually because you engaged in some level of bad conduct. If you are laid off because of downsizing, you had absolutely no part in losing your job. We have discussed this issue before which you can read about here: īut being fired and being laid off are also different despite both being involuntary. If a party is fired or laid off, the court will do the standard ability and opportunity analysis and decide whether income imputation is appropriate. We have blogged about this in the past so if you want a more detailed discussion, you can read those blogs here: Clearly they had the ability and the opportunity because they had the job. Yesterday they had a job, and today they do not have a job because they quit. In fact you may not need to provide any evidence other than the party quit. If you quit your job, it is easy to prove ability and opportunity. That means providing evidence of a party’s ability to work (age, occupation, skills, education, health, background, work experience and qualifications) and the opportunity for employment based on those abilities. In all three scenarios, the Court will need to address whether to impute income to the party that lost their job. These are referred to as voluntary terminations and involuntary terminations, and are treated differently by the Court when ruling on earning capacity or income imputation. In contrast, whether you were laid off or you were fired, your preference was always to keep your job. When you quit, you are saying unequivocally, I no longer want this job. The former is voluntary and the latter two are not. ![]() Quitting your job is different from being fired for cause or being laid off. ![]() This blog will try to answer that question.įirst things first. So imagine a scenario where Secretary Clinton was paying President Clinton spousal support and wanted to seek a modification and wanted to seek a modification because she lost the election. As it stands today, Secretary Clinton does not have a job. If you include her time as First Lady (which I think is fair), she has been employed in one capacity or another for the last 40+ years. Secretary Clinton lost the election and is unemployed. So how does losing your job relate to the election. This blog is actually about is about what can happen in Family Court if you are fired from your job, either for cause (usually bad conduct) or you are laid off (think downsizing). This blog is not about the election or the candidates that were running, nor does it have anything to do with their politics or positions. No matter what side of the aisle you are on politically or whether you were happy or dismayed by the results, the 2016 presidential election was historic.
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