What should I do to minimize the amount of maintenance I have to pay during and after my Louisville divorce? There are a number of valid strategies to reduce the amount of a potential maintenance award. First, a word of caution: Do not attempt to manipulate financial disclosures or artificially attempt to manipulate business earnings before a divorce. Forensic accountants can easily spot these strategies as they investigate financial records. Manipulating financial disclosures will result in serious financial sanctions. One of which may very well be an increased amount of maintenance.
So, what are the best strategies to minimize the amount of maintenance to be paid during and after your Louisville divorce?
First is to stop working overtime. If you work overtime and continue to do so, the court will consider your actual higher income derived from the overtime income. However, you are not required to work overtime and if you do not receive this income then the Court will not consider it in determining the amount of income available for support.
A second strategy is to offer to pay a lump sum or a portion of your share of marital property in lieu of maintenance.
Another strategy to minimize the amount of maintenance you’ll be required to pay is to prove to the Court that the supported spouse actually has the ability to engage in gainful employment and contribute to his or her own support.
This is called a vocational evaluation. The court may order a party to submit to an examination by a vocational training counselor. The examination will include an assessment of the party’s ability to obtain employment based upon the party’s age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The examination focuses on the question of the party’s ability to obtain employment which would allow the party to maintain herself or himself at or closer to the marital standard of living.
The report which results from a vocational evaluation usually contains evidence the court will consider in determining the proper amount of maintenance.
If you are concerned about what you should do to minimize the amount of maintenance you’ll be required to pay you need sound legal advice and counsel. We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.