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Author Topic: Adjusting imputed income  (Read 1315 times)

forthekids24

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Adjusting imputed income
« on: Jul 27, 2006, 01:52:25 PM »
BM stipulated to an imputed income which was about 30% higher than she was currently making for the last CS order (Nov 2005).

BM has recently stopped working, I believe she is pregnant.

Questions
1)  I thought I read somewhere that if you stipulate to a higher income, that you can not reduce it, is this true?

2) If this is not true and she can file for a CS reduction, what would be my best argument?  

I don’t want to be stuck paying her CS because she has now decided to stay home.

Thanks!
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socrateaser

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RE: Adjusting imputed income
« Reply #1 on: Jul 27, 2006, 08:51:50 PM »
>BM stipulated to an imputed income which was about 30% higher
>than she was currently making for the last CS order (Nov
>2005).
>
>BM has recently stopped working, I believe she is pregnant.
>
>Questions
>1)  I thought I read somewhere that if you stipulate to a
>higher income, that you can not reduce it, is this true?

It's true. But, if the person can't pay, they won't be held in contempt -- their arrears will just build up.

>
>2) If this is not true and she can file for a CS reduction,
>what would be my best argument?  

I don't think you'll need any argument other than that she agreed to pay more and the court has no authority to reduce support when its been stipulated between the parties.

Just because she's pregnant does not give her the right to stop contributing to the cost of an existing child. You can ask the court to impute her income based on her earning capacity, on grounds that she is intentionally unemployed. You'll have to prove earning capacity, meaning: (1) ability and talent to work, (2) availability of work comensurate with the person's ability and talent, and (3) unwillingness to work. Prove all three and the court must impute. Fail and the court will use the parent's actual earnings, or minimum wage for 40 hours per week, whichever is greater.

 

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