![]() ![]() However, absent special circumstances, the presumption will be that a person needs to be looking for work. Other instances which might alleviate the duty to look for work or be employed to the best of your abilities might be caring for a young child or a child with special needs. As such, going back to school, whether for a degree (or higher degree) or retraining may be viewed as a legitimate reason to not go back to work right away. However, statute also authorizes a potential pass for people who are endeavoring to make a good faith career change. In any alimony or child support case, a court can attribute or “impute” income to a person based on their abilities. At the same time, it is important to strategically look at the next steps. ![]() Thus, competition for employment in that industry may be fierce, or it might not make sense to look for work in that dying field.Īt the outset of a divorce or other family law case in which employment and income are at issue, the first step is to assess your situation with your Denver family law lawyer to determine what makes sense. Moreover, some industries that may have been viable 15 years ago may be on their way to becoming obsolete. Though certainly unstated for legal reasons, companies may be much less likely to hire someone at 46 years of age who has not worked for 15 years when there are people in their 20’s or 30’s ready to take a job at a lower rate of pay. As we get older, it may be much more difficult to find work. Each case is different and to just presume a person can instantaneously get back to where they were from an earning capacity standpoint is unrealistic.Īdditionally, things like age and market demands can also have an impact. In some instances, there may be licensing issues also necessitating courses, testing, etc., such as in the real estate or teaching field. Rather, there may need to be retraining to get back into a specific field, such as IT or nursing. Generally, a court is going to understand that in most professions, 15 years out of the workforce is a long time and that with some professions a person cannot just jump right back in. Likewise, education level will also be an issue which is looked at. ![]() This will also include inquiry in terms of past salary. A court is also going to inquire as to what field or job the spouse held prior to leaving the work force. After 15 years out of the work force, a court is going to first ascertain why. However, in reality, life and circumstances can get in the way such that there are legitimate reasons that a party to a case is not working or will not be required to work.Īnswering the specific question at hand, a court is going to assess the facts and circumstances of the specific marriage. Pursuant to both the alimony and child support statutes, there is a presumption that when either is an issue in a divorce, or any family law case, each party should be employed commensurate with his or her experience and skill set. 14-10-114, and child support, if there are children of the marriage. In any divorce situation, employment and income can tie into dealing with issues of maintenance (alimony), under C.R.S. It depends, there are many variables at hand and your situation should be thoroughly discussed with an attorney. I’m Getting Divorce and Haven’t Worked in 15 Years. ![]()
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