In determining the ability to pay spousal support, why does the court look to net income versus gross income?
Why do you think a court is less likely to award alimony to a spouse than it may have in the past? In what kinds of situations do you think alimony should be awarded? Why?
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Joe files from divorce from Mary. Mary seeks pendente lite alimony in court. She is a clerk at the local supermarket and makes $8.00 per hour. She has had this job for the duration of their 25 year marriage. Joe makes $120K per year as an engineer. He decides, upon getting served with these papers for support, that he is going to quit his job and take a job selling roses in the local tavern for $6.50 per hour. He figures she can’t take what he does not have. They don’t have any assets between the two of them. How do you think the court will determine Joe’s earnings?