Imputing income to BM in VA

[Amarant01]

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.

[Amarant01]

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

[MixedBag]

If I remember correctly, the answer lies in finding government sites that say "For this profession in your state, the average salary is ABC, not XYZ."

Do a site search here on imputed income for other discussions.

Family court is rolling the dice quite often.....and today the judge may decide THIS, and tomorrow that same judge may decide THAT.  If she already failed to comply with a request for documents.....that already starts the tone in court NOT in her favor UNLESS she has a great reason. 

BTW -- IN WV I found a case that to me said it was in the best interest of the child for Mom to stay at home....  had it printed and ready to use.

I was the target of a father who wanted my income imputed....and I managed to fend it off in full, but the judge did chip away at it and raised CS bit by bit....so neither one of us were happy.

That's usually the result -- neither side is happy with a judge's decision.

[ocean]

Yeah, look for help wanted ads for her area with jobs in her field currently available. Maybe able to subpoena her manager/job and ask if there is full time employment with the company if ex wanted and that ex is choosing part time.
You having 50/50 helps too. Make sure that is in the calculations. Maybe offer minimal child support but you will pay for medical or something else in full (activities).