Legal Question in Family Law in California
if I subpeona my ex's employment record for his last employment, will it show the reason he is no longer with the company? He was collecting unemployment and it has ran up and wants to take me to court because his income is now "0". if the record showed that he got fired, through his beavior etc., would the court impute his income at what he was making before? (as in he purposely tried to be fired?)
i'm in california
2 Answers from Attorneys
If he intentionally lost his job to avoid paying support, then the court would be inclined to impute income to him. There could be a number of other reasons why he was fired which would not create that outcome. Please meet with an experienced family law attorney to explore your legal options.
He could not have received unemployment if he was fired for cause. That does not mean the court will not impute him income or issue a "find work order." But don't count on anything in the employment records helping you. As I said, being fired for cause disqualifies you for unemployment.
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