SPARC Forums

OK here is my issue and I have heard many different asnwers from people and attorneys...

At the beginning of our case we was imputed at my wage and for her minimum wage which was $5.50/hr (prior to this she made $9.00/hr) but I guess this got overlooked.

Mother has been unemployed for the last 4 years and has been in school for nursing. She graduated in december of 2007 and is still unemployed... by choice.

Now since our case has been settled for a while the MI minimum wage has went up to $7.15/hr and of course no change because it is not worth going back to court.

Now that she is graduated from school she can technically get a job working as an RN making $20 plus an hour. That is over 4 times the amount she is currently imputed at, and more then I make as well.

Would I have any luck getting her imputed at the wage she could be making instead of minimum wage? Or does she need to get a job first?

I feel like If I was able to get a job making alot more money then I currently do the judge would be criticizing me up and down for not getting a better job to BETTER provide for my child.

I had someone tell me this...As far as the income thing goes - they won't impute income for a job that she's never held - regardless of whether or not she "could" get the job. If she does get a job with her nursing degree, and holds it for a significant period of time, and then quits - then you might have an argument to impute more income.

crunch the new number and add in day care expenses.

then decide on your approach or position.

I have a friend who graduates nursing too soon (May I think), she's thinking too that her EX will take her back immediately to get her income imputed whether she finds a job or not.

Again, I think different judges are gonna do different things.....unless there's case law in your state to support one position or another.

Read the Michigan Child Support Formula Manual, which can be found here:  http://courts.michigan.gov/scao/resources/publications/manuals/focb/2004MCSFmanual.pdf

Look on page 18 - which covers imputing income.  It says that "imputation is not appropriate when ... there has not been a significant reduction in income compared to the period preceeding the filing".  Which is the case in your situation.  She's never earned $20 an hour, so they're not going to impute that income to her.

I know it's not what you want to hear, but it is what it is.

I may be wrong for youre state, but in most, by federal mandate they have to have in a statute for "Potental" income which can be distinguished easy by there license and what field of work they can be in.
Since said person is now holding a license to work in a filed of higher income, then the potental is there to make such.