What if my spouse quits working in order to stop having to pay spousal maintenance?
A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The Court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The test is earning potential, not the actual earnings if there was some kind of mischief.