Legal Question in Family Law in California

I'm being pressured to agree to a cut to my alimony. My ex-husband has hired and paid for an arbitrator judge but my lawyer informed me that I wouldn't be talking to the judge. It seems pretty onesided, my ex owes me two months of unpaid alimony from a few years ago and he says that his income has dropped but he is a C.P.A. My alimony was based on his income after tax season when we were divorced in May, 2005. This time of year is the lowest his billings could be.
I don't see how this is fair and it sems like my lawyer is more for the other side and I've paid him the last of my money, so I'm out of luck. If anyone has an opinion on what I should do or advice, please I'd love to hear it. I'm only sorry I can't really afford to pay at this moment but do hope I hear from someone. Thanks, Terrie

Asked on 11/02/11, 8:57 pm

3 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

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Income assessment is based on a number of factors. Typically, there would be a projected annualized income figure used for your husbands income rather than a pinpointed period in the year if the income varies greatly due to the seasonal nature of his work. If you think your husband is intentionally underemployed, it us your burden to prove this. An expert opinion from a qualified vocational evaluator to compare you husbands current earnings against a like kind model in his industry may help clear up his earning potential in this downturned economy.

Answered on 11/03/11, 7:39 am

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