Imputed Income and Alimony: What to Do If Your Ex Refuses to Work in New Hampshire

A common and deeply frustrating tactic in high-conflict divorces in Keene, Salem, or Laconia is voluntary unemployment. Your spouse might quit their high-paying job, refuse to look for work, or suddenly decide to work part-time as a barista just before the divorce trial. Their goal is to look poor on paper so they can demand higher alimony payments from you. Fortunately, New Hampshire family court judges are well aware of this trick. If you can prove your ex is intentionally underemployed or voluntarily unemployed, the court will use 'imputed income.' This means the judge pretends your ex is earning a reasonable salary based on their skills and education, and uses that hypothetical number to calculate alimony. Proving this, however, requires strategy and expert evidence.

Step-by-Step Guide to Proving Voluntary Unemployment

Step 1: Identifying the Job Loss as Voluntary

First, you must show that your ex's lack of income is by choice. If they were laid off due to company downsizing and have been actively sending out resumes, the court will not impute income. However, if they quit voluntarily without good cause or were fired for blatant misconduct, you have grounds to request imputation under N.H. Rev. Stat. Ann. § 458:19-a.

Step 2: Hiring a Vocational Expert

To prove what your ex could be earning, you will need to hire a vocational expert. This professional will evaluate your ex's education, past work history, and the local job market. They will then write a formal report establishing their true earning capacity.

Step 3: Demonstrating Earning Capacity

During the trial, your lawyer will present the vocational expert's report and testify. You must show the court that jobs matching your ex's skillset actually exist in the local New Hampshire economy and pay a specific salary. New Hampshire courts, as demonstrated in In the Matter of Leslie Dow & Harry Dow, IV, 170 N.H. 267 (NH Supreme Court 2017), strongly rely on earning capacity when a spouse is shirking their responsibility to work.

Step 4: Filing Financial Affidavits

Even if your ex claims zero income, both of you must submit a Form NHJB-2065-F, New Hampshire, Circuit Court, Financial Affidavit to the 8th Circuit - Family Division - Keene, Keene. The judge will use the imputed income figure to calculate the alimony formula instead of the zeroes on your ex's affidavit.

Strategies to Prove Your Ex's True Earning Potential

Getting a judge to impute income requires more than just complaining that your ex is lazy; it requires hard proof.

Using Vocational Experts Effectively

A vocational expert is your strongest weapon. They can force your ex to sit for an interview and take skills tests. If your ex refuses to cooperate, the expert can still review their resume, college transcripts, and previous tax returns to determine how much they should be making.

Proving Voluntary Job Loss or Underemployment

Your attorney can subpoena employment records from your ex's previous boss. If the HR file shows they voluntarily resigned or refused a promotion, this proves they are intentionally suppressing their income. You can also show that an ex who has a master's degree but chooses to work 15 hours a week at a retail store is voluntarily underemployed.

Showing Local Job Availability

It is not enough to say your ex 'could' work; you must prove jobs are available. Your legal team can present current job postings from indeed.com or local New Hampshire recruitment agencies showing open positions in their field with the starting salaries listed.

How Much Does the Imputation Process Cost?

Proving voluntary unemployment requires an investment in professional experts.

• Vocational Expert Fees: Hiring a qualified vocational expert to conduct an evaluation, write a report, and testify in a New Hampshire court typically costs between $3,000 and $6,000.
• Lawyer Fees: An experienced family law attorney from our US Lawyers directory will charge $250 to $450 per hour. Litigating an imputation case can add $5,000 to $10,000 to your total divorce legal bills.
• Long-Term Savings: While the upfront cost is high, successfully imputing an income of $60,000 to your ex could save you thousands of dollars in alimony payments every single year for a decade.

How Long Does It Take?

The process of hiring a vocational expert and conducting their evaluation usually takes 60 to 90 days during the legal discovery phase. Once the report is submitted, you must wait for your final divorce trial or modification hearing. Depending on the court's docket in your county, this can take anywhere from 8 to 15 months to fully litigate before a judge makes a final ruling on the imputed income.

Frequently Asked Questions (FAQ)