JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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I'm curious as to people's experiences with shared income model states and if you've ever had to have a parent's income imputed b/c of certain reasons (say, they're working below their means, not working at all (by choice), etc).
What was the situation, how did the judge determine it? Etc?
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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I think my ex's income was imputed at 7.00 an hour. NCP/BM's was always imputed at minimum wage. I have never had any experience with judges imputing potential income, average income, or fair market income, or whatever else people say.
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13.1...because I am only half crazy!
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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K thanks...our modification is in a couple of weeks. XH has been working under the table - finally got a "real" job, but it's only seasonal, I just found out today.
CSE is expecting his attorney to ask for a continuence - but I will fight that, b/c who knows how long he'll even have this job.
When they filed the modification, we had no idea how much he was making (although he's CO'd to tell me...like that ever matters)...so I told them just impute it at $10/hour (which raised it about $130/month). If you remember, when he worked at the bank he was ordered to pay $607/month ($300 of that was daycare, about $70 for insurance). I dropped it to $300 June 08, was going to have it modified June09, but he was in bootcamp so I didn't bother with it yet.
Since he's been back, he's been paying something every time he has a hearing, which is every month...I only ended up getting $2K of his bonus, so he's still roughly $7K behind.
So anyway - those are most of the details. He does have to submit his tax returns and paystubs - but he's worked so much for cash, there's no way of knowing even what he's made the last 2 years if we did do an average - which CSE did suggest.
Our judge despises X and is sick of seeing him...no clue how he'll choose to handle it.
It's just such a wishy washy situation, it's difficult b/c it isn't just a numbers game at this point.
(ETA for gr8dad or anyone else who jumps on this - he has, since August when he got back from bootcamp, gone on 2 vacations, purchased a new vehicle, and lives on his own - so he has money coming in, that is no doubt)
Edited by JennyLynn (11/25/09 02:53 PM)
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Why did you only get 2K of the bonus?
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13.1...because I am only half crazy!
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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It's a very long story - basically, DFAS only got the income assignment for monthly CS that I did receive while he was in bootcamp. They didn't get the separate income assignment for the bonus until it was already processed - very long story - we were dealing with this all summer.
So he only gave me $2K of it. It was $10K (another $10K in 3 years) - but taxes were taken out, and some that he owed BM. He kept the rest, which was over $2K.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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[quote]I'm curious as to people's experiences with shared income model states and if you've ever had to have a parent's income imputed b/c of certain reasons (say, they're working below their means, not working at all (by choice), etc).
What was the situation, how did the judge determine it? Etc?
? [/quote]
I live in an income share state, my ex has imputed income because he voluntarily lowered his income by close to $30K. The amount imputed was what we agreed to (the judge had already made it quite clear to both lawyers in a settlement conference in his chambers that my ex was going to have income imputed to him). Had it gone to a judge, he could have been imputed to the full amount he was making before he took a lower paying job. The judge would have determined the amount by using the last 3 years worth of W-2 forms that I provided showing that he consistently made a lot more than his new job. I even offered to go back 6 years, but my attorney said that was overkill.
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kas
newbie
Reged: 09/15/09
Posts: 46
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My ex-husband quit his $60,000/year job to go back to get his Ph.D. (He already has a B.A. and an M.A.) While getting his Ph.D., he was making about $16,000. He tried to have the child support lowered. The judge said no. He had voluntarily quit his job.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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Thanks for the input.
When XH was fired over 2 years ago from his last regular full time job at a bank he'd been at for years, he asked for a modification 6 months later. The judge denied it b/c he was fired b/c of his own fault (not going to work and sexual harassment will do that...). I willingly lowered it a year and a half ago, and now we're remodifying it back to state standards...so the numbers are difficult when he's been hiding a lot of his income and working under the table. I'm glad he's working now - just frustrating to know it's only seasonal.
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