Author Topic: Imputed Income  (Read 9257 times)

Dad

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Imputed Income
« on: October 23, 2012, 08:50:02 PM »
Can anyone point me in the right direction regarding case law on imputed income?  Can or has a party been imputed an income of more than what they made during the marriage, based on education, job availability, etc.?  I am asking because Mom, when married, periodically worked part time.  Mom has a degree in Elementary Education and I am more than willing to provide for her to get re-licensed.   She has been imputed an income of minimum wage and judge said he would not nor has he ever heard of income being imputed to an amount more than what was made during the marriage. 

Thanks for your time in this matter.

Guru

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Re: Imputed Income
« Reply #1 on: October 23, 2012, 10:32:32 PM »
I don't know of any case law on the matter, but I also have never heard of a judge ruling anything more than was made previously.  I really think this rule was enacted to keep parents (probably targeting fathers specifically) from becoming underemployed before their child support hearing in an effort to dodge child support.  It wasn't really to make both parents responsible, it was to make father's responsible.

I think in this situation, you are now stuck with a mother who would rather live off of child support.  When you do the math, a person has to be able to make rent, pay the bills, etc.  When the only way that can occur is by using the child support income, there's something wrong.  The only way she will get a job is if child support is cut so much that she can no longer live on it and has no choice.  I say that because I've watched a number of cases unfold exactly like that.  Once money is removed from the equation, both parents decide to act more responsibly.

KTM

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Re: Imputed Income
« Reply #2 on: October 24, 2012, 09:18:27 PM »
Every family situation is different which is why the Courts need flexibility within guidelines and must make such difficult decisions.

It is understandable that no one would want to have to pay Child Support. But, keep the focus on the child and what their life will look like and you may find it is worth the sacrifice.

It is the child that suffers when both parents must abandon them to work Full time at one or more jobs just to survive.
It is the child that is left vulnerable to predators and potentially harmful peer influence when either one or more parent is unable to focus on their needs.
It is the child that suffers when the cost of appropriate child care exceeds a parents ability to earn or takes such a high percentage of the wage it costs more to work than to stay home.
It is the girl or boy without appropriate supervision that ends up with a teenage pregnancy or other legal problems.
It is the child that is left to raise themselves and/or their siblings because the parent is absent from the home.
It is the child who struggles in school to get by when an adult is unable to help guide them with homework.
It is the child who suffers when they can not participate in extra curricular or after school activities because a parent is not able to provide transportation to special sports practices or events because they have to be at work.
It is the child that suffers when their socioeconomic class and surroundings drop or are markedly different between two homes.

You may view recipients of Child Support as freeloaders. But, I can tell you firsthand that receiving Child Support has allowed my children to maintain their same friends, social relationships, same school, same house, same activities and same parental availability for their needs as before the divorce. This has given them a fighting chance to be every bit of who they would have been before their dad & I shattered their world and deprived them of any sense of security.

So take some time and ask yourself, What future do you want for your child/ren? How do the choices you make effect the choices they will be able to make? What did their life look like before and how can you help ease the disruption and provide them with a sense of security by minimizing the changes caused by your divorce?

Dad

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Re: Imputed Income
« Reply #3 on: October 26, 2012, 01:04:14 PM »
@KTM,

I believe there were some assumptions made that need to be addressed.  Though I do not agree with many of the things you said, I will only address the ones that I can personally comment on.  I understand your frustration with dads that do not want to pay child support or try to get out of it.  But I am asking you to please not stereotype me as one of those and respond in that manner.  I do not consider child support a sacrifice, I consider it a privileged to provide for my children no matter what home they at.

1.  I have no problem paying child support, nor have I felt it wasn't "worth the sacrifice"
2.  I am able and always have been able to focus on my children's needs.
3.  I have never abandoned my children for work.
4.  My children have never not been able to participate in ECAs due to me not being able to get them to the practices. 
5.  I have never not been able to help my children with their homework due to work
6.  My responsibility for the socioeconomic differences is only a percentage and responsibility needs to be taken on BOTH sides.
7.  I do not see CS recipients as freeloaders. 
8.  Both children attended daycare full time prior to the divorce.  They are now in school and do not require after school care (or any other) during their weeks with me.

This is what I was trying to say and I feel @Guru said it very well in their post as well.
1.  I have no problem paying child support
2.  I believe that Mom should be required to work full time as an elementary school teacher as her degree would allow.
3.  I believe that Mom should be responsible to provide for herself financially (rent, food, utilities, transportation, etc) as well as be financially responsible for a portion of the children's needs.   
4.  I have a standing offer to Mom to provide for the cost of classes to get her teaching license current.
5.  I have a flexible work schedule and the children have never suffered from my work schedule. 
6.  I have tried to minimize the children's disruptions, but I am not responsible for decisions that Mom makes -not wanting to obtain full time employment or even consistent part time employment, having additional children out of wedlock (who are in full time daycare even though she does not work full time), not working to her potential, relying on government assistance, her church and friends to help her get by, living in 7 different homes in the last 4.5 years, etc. 

I hope this helps you understand that I am not the stereotypical deadbeat dad.  I love my kids and want their mom to succeed.



KTM

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Re: Imputed Income
« Reply #4 on: October 26, 2012, 04:58:13 PM »
Dad,

I apologize that I possibly offended you personally. It appears I was not specific enough about who's comments I was specifically addressing.

My comments were in reaction to Guru's post in this chain and comments he made and not anything assumed or stated with regard to you.

He said: "I think in this situation, you are now stuck with a mother who would rather live off of child support", "The only way she will get a job is if child support is cut so much that she can no longer live on it and has no choice.  I say that because I've watched a number of cases unfold exactly like that.  Once money is removed from the equation, both parents decide to act more responsibly."

Every families situation is different and many factors matter in making decisions.