Messages

Hello All,

I am currently involved in a child support case that is to convene within the next few weeks.  For the run down, we share 50/50 custody, and the bm has 3 children, besides my son, all younger than him.  Because of this, she falls under the 150% threshold for that since she is indicating that she only is bringing in 19,000.  I know for fact that she has reduced her hours to decrease her income within the last year, and her historical pay data will show that.  My question is in the event that income is imputed, is the poverty threshold still considered?  and if so, how to dissuade the judge from consideration?  Understand that I take care of matter with my son while he is with me, and take care of financial matter while she is with him, as far as extracurricular activities, Health/Dental expenses, etc.  The mother, for the last 8 years has put effort in trying to avoid her obligations to him, even once requiring a show cause to be filed to pay $132.00 for his health expenses, which she was court ordered to do so.  I don't feel that poverty thresholds should be considered since she is voluntarily underemployed, and has him as much as I do. Any help would be appreciated.

it may also help to know that we have 50/50 shared physical custody as well

Hello All,

I am currently undergoing a child support review, and the matter has been continued a number of times.  I was hoping to obtain some input on how the poverty lines are utilized in the case of imputed income.

The situation is as follows:

My childs mother quit her job voluntarily(I subpoenaed the proof from her job), and six weeks after her termination, applied for an increase in child support.  After the case was scheduled, she was reinstated to the same job, but began only working less than part time hours, where she had previously worked full time. 

I filed a subpoena for her to supply her employment data report to the court, which she didn't comply with, and was ordered to produce her w-2's and income tax paperwork by the judge for the next time we show to court.  My problem is that even if I am successful in having the judge to impute her income, which very well may happen, it will still fall below the poverty threshold being that she has shown to make slightly less than $26,000 a year. 

Do anyone have any information on how to counter the consideration for the poverty level, being that she is avoiding earning her full income potential.  She is also on Section 8, and some other state assistance, in which I believe is another reason that she is attempting to restrict her income.  Any help on this matter would be appreciated.