Q. My husband has always earned twice what I make. He stopped working for about six months around the time he told me our marriage was over. He said that he had a doctor’s note but would not tell me what his health issue was. Because money was tight, I took on all of the extra shifts I could get, and my income went up significantly. Of course, I was then working some overnights and he had to step up and take care of our boys more – something that was always my job.
Now he has gone back to work, says he needs to work less hours so he can keep up his routine of caring for our boys when I work and says his income is half what it was before so that I need to pay him child support. I don’t know how I let this happen, but it isn’t fair and is not what our boys are used to.
What can I do to show he used to work more and still can? Can I undo this situation I inadvertently let him create?
A. First and foremost – stop working extra shifts. Be home more and available more so he cannot make that argument. Yes, money will be tight if you back off of the extra shifts but if you historically did not work extra, go back to your historical schedule and earning levels. When he points the finger to say you have reduced your earnings, be prepared with your schedules (gather them for the last two years or so along with your paystubs for the same time period). In that way you can easily prove you only stepped up when he claimed he couldn’t work.
Next, go on the offensive. Issue a subpoena to his employer asking for all documents regarding his prior employment agreement, his prior schedule, his new employment agreement (if any), any changes in his job description, and all documents regarding his leave of absence including letters from his physician. You can serve him with interrogatories (written questions to be answered under oath) asking him for the specific details of his health issue and alleged inability to work, his diagnosis, prognosis, treatment plan, whether he followed the plan and when he expects to be able to resume his full duties again.
If he doesn’t answer, you can also issue a subpoena to his doctor looking for his medical records. If he is faking it as you clearly suspect, you might suddenly find him fully employed again rendering your discovery moot.
Email questions to whickey@brickjones.com
