bellashea
recently joined
Reged: 11/15/11
Posts: 2
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I really need some advice here. Have been legally separated for 2 1/2 years with the help of mediation. I have not filed for divorce due to financial reasons. I finally got with a lawyer 8 months ago and she tells me that my child support piece of the separation agreement doesn't meet NYS guidelines. I get way less than I should. We have 50/50 shared custody but I work P/T, which I have done for the past 8 years to raise my 2 kids - it was a mutual decision by myself and my ex. My lawyer's advise is to go to court or try to settle for a higher amount. I called my ex and we were on the way to settle for $100 more a month but my lawyer says "are you sure you want to agree to that - you should be getting way more". Just to give a little background - I am living with someone and drained my retirement account to purchase a house, which my lawyer knew- since I put so much money into the purchase, my name is on the mortgage - but she said he is not the one to be responsible for supporting your children. So, I go with her advice and we go to court.
Long story short - my ex's lawyer is saying that I have the ability to make $45,000 more than what I make now. My lawyer was originally saying but the job I have now is flexible - I have all days off with children, home before and after school....
We were preparing to go to court for the 2nd time for the hearing and my lawyer starts asking me questions, "who pays the mortgage?" I explain that I put as much money as I can into the bills but it is mainly paid for by the person I live with...she says "so, you are a homemaker as well as having your p/t job. "So the judge will probably impute your income to $15.00/hr" Because I take care of my kids and His when he is working??? I have never heard of such a thing...now my lawyer is telling me I should settle for the exact amount I have been getting from before we even started! She sent me the paperwork "in case" I sign the the settlement and it states I make a $31,000 imputed income. Has anyone ever heard of this? If you need more info - let me know.
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3153
Loc: SC
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Imputing income is normal and done in order to make up the shortfall basically in what the court determines a parents income could be. If you're working just part-time you're likely considered voluntarily under-employed.
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Marriage doesn't come with a money-back guarantee.
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dadinva
newbie
Reged: 06/06/11
Posts: 45
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Does dad get the opportunity to only work part time? If you don't want to impute yourself an income at 40 hours, try only counting dad at 25 hours, or whatever yours are.
If kiddos are in school, and you have a 50/50 timeshare, is there a reason that you can't find 40 hours to work when the kids aren't there?
I'd be questioning how fair it is that you receive any child support from dad at all with a 50/50 time share. At the least however, you should be expected to work the same number of hours as dad.
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islandlawyers
recently joined
Reged: 04/23/12
Posts: 2
Loc: Hawaii
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@Bellashea: reasonable imputed income is the norm, not the exception in most states, unless there is a compelling reason for that person not working. OTOH, the fighting usually arises as to _how much_ is reasonable.
@dadinva: even in a 50/50 timeshare, child support is usually going to owe under typical child support guidelines, unless the two parents make equal amounts of money (in which case they are essentially offsetting each other), which is atypical.
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dadinva
newbie
Reged: 06/06/11
Posts: 45
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[quote]
@dadinva: even in a 50/50 timeshare, child support is usually going to owe under typical child support guidelines, unless the two parents make equal amounts of money (in which case they are essentially offsetting each other), which is atypical. [/quote]
Yes, perhaps I should have been more specific about what was legal info and what was just my two cents. Just trying to get OP to see things from another perspective so she might understand the basis for the legal norm of imputing incomes.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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even in a 50/50 timeshare, child support is usually going to owe under typical child support guidelines, unless the two parents make equal amounts of money (in which case they are essentially offsetting each other), which is atypical.
Unfortunately the guidelines for 50/50 are antiquated in most states. There is no reason that some states should give the parent with primary custody on paper full CS if there is 50/50 placement. It should be based on a much more fair scale. In my state my x paid 2.7% for 3 kids when he made twice what i did. It worked out to be about 100.00 a month. Much more equal than if he had to pay 25% just because.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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Judges can impute in NYS. In our case the judge imputed on what the CP was last known making while working FT- $25k compared to the $9k she was currently making.
For us since NYS has the combined parental income of $130k which by the way I believe increased to $136k per the NYS CS site, CS was based on those numbers. Anything wanted OVER that amount is up to the judge to decide. I don't know how much your X makes, but one would need BOTH parents incomes to calculate CS. Yes, a judge can impute and I believe they should especially if a parent holds a degree or is working PT.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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My ex wife never had a single job in her entire life and was imputed minimum wage at 40 hours/week. Seems pretty fair considering our son is 13 and does not breast feed anymore (I hope).
I'm not sure why women think that only men need to work in life.
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