I owe beers to Soc and Mr. LaBass - impute income for lowering CS

[DecentDad]

Hi Soc,

OSC to modify child support (downward) today was towards the successful end.

Judge agreed to impute biomom's gross income at $3750, which was at the low end of the range that I felt evidence supported.

He plugged in that it's 30/70 timeshare, per biomom's estimate.  Exact split (i.e., total hours per year, as I anally calculated one night, attributing all school time to biomom's responsibility) is 34.8/65.2.  Judge asked for any input about that, I told him that the actual # is 35% (per my I/E Declaration), he said that he's only required to make an approximate number, so he'll stick with 30%.

Then again, he deducted my entire health insurance contribution amount (i.e., for including my wife too), so that's a wash.

So, in the end, CS is reduced by $150/month, which'll add up over time.

On childcare, judge ruled that we must split it.  Biomom declared that she has friends watch our daughter, hence incurs no childcare.

I asked for orders for right of first refusal prior to requesting reimbursement for childcare.

Judge said that obviously we don't get along, that such orders would only result in future contempt or Ex Parte hearings, so he doesn't find such an order possible.

He did order that parties are to pay their half directly to the childcare provider, in attempt to placate me, I guess.

I'm concerned that biomom will coordinate with friends that they'll give her "free" childcare while billing me for my half.  To date, biomom has refused to share any details about any babysitters with me.


1.  Is it having my cake and eating it too if I expect childcare to only relate to income producing activities, when biomom was just imputed at a full-time income (i.e., I guess she could claim up to 40 hours weekly, regardless of her activity)?

2.  Is it reasonable to ask biomom to have childcare provider invoice me monthly, including tax ID or SSN (for my tax reporting), and have days/times itemized on the invoice?

3.  Daughter is currently in preschool.  Am I right to assume that this is "childcare" that remains split between parents?  Or do I already contribute to that as part of child support?

4.  I asked court if orders today were retroactive.  He said, yes, to service date.  So, do I deduct the overpayment of CS from my next CS payments until fulfilled?

Thanks for all your help!  Not a homerun today, but certainly at least a double rounding towards third (i.e., baseball, not softball)!  Or would you call this a homerun?  I just have high expectations.  :)

DD

[socrateaser]

>1.  Is it having my cake and eating it too if I expect
>childcare to only relate to income producing activities, when
>biomom was just imputed at a full-time income (i.e., I guess
>she could claim up to 40 hours weekly, regardless of her
>activity)?

The statute mandates that childcare be related to employment or job training, only. So, keep track of what she's doing, because if it's childcare just to create a bill, then you have a case to be relieved of your portion.

>
>2.  Is it reasonable to ask biomom to have childcare provider
>invoice me monthly, including tax ID or SSN (for my tax
>reporting), and have days/times itemized on the invoice?

If the judge said that both of you can pay directly, then it's more than reasonable.

>
>3.  Daughter is currently in preschool.  Am I right to assume
>that this is "childcare" that remains split between parents?
>Or do I already contribute to that as part of child support?

Preschool is only childcare if the custodial parent is engaged in job training or employment during the time that the child is in preschool.

If mom's sitting on her butt at home, or out shopping, playing tennis, etc., then that's on her dime.

>
>4.  I asked court if orders today were retroactive.  He said,
>yes, to service date.  So, do I deduct the overpayment of CS
>from my next CS payments until fulfilled?

Gray area. If you were ordered to prepare the final order after hearing, then you write it up the way you want, but if you reduce your support to $0 until overpayment credited entirely, the judge will never sign it.

I suggest that try not to go past a $100 per month reduction. You want to make it easy on the judge's eyes.

>Thanks for all your help!  Not a homerun today, but certainly
>at least a double rounding towards third (i.e., baseball, not
>softball)!  Or would you call this a homerun?  I just have
>high expectations.  :)

Actually, I'd call it a friggin' miracle.

[DecentDad]

I'll let my ego blissfully assume you had little faith in the judge, but much faith in my ability to argue it.  :)

[socrateaser]

Actually, I think you've done amazingly well. Getting a judge to impute income to a custodial parent is what I think was the miracle.

You need to go to law school.

[DecentDad]

I've been planning this for that long (just waiting for opportunity), and I laid it ALL out in 10 pages of declaration with 20+ pages of exhibits, leaving nothing to chance...

Interrogatories response show that child doesn't have special needs and mom doesn't claim physical/mental condition preventing work.

Deposition transcript noted mom's clear intent and desire to be full-time mom; her admission that she hadn't pursued full-time work in two years; her admission that someone with her education/experience could have a job paying $36k to $42k, or even up to $5k/month.

I used biomom's own promotional materials as exhibits that show her to be the cream of the crop in her field.

I argued Labass/Munsee along with Padilla on income imputation.

I argued In re Marr. of Henry (January 2005) to note it a "product of logic and reason based on the evidence" that mom's net income must be equal to her declared monthly expenses of $2700 (not really the focal point of Henry, but an affirmed point nonetheless for trial court to conclude such).

I laid out the Cheriton counter-argument like you said, but we never even discussed caselaw at the hearing.  Judge came in with the imputed number already decided in his head.

I printed out six online job ads for acting teachers (i..e, biomom's claimed profession), entered as exhibits to show opportunity.

So... through luck and knowledge (thanks to you), I got all the evidentiary planets to line up right.  :)

I was hoping for more, but now the day after, I'm pretty pleased that she was imputed at $45,000 despite never having earned even half of that (i.e., she has never worked full-time).  Cool stuff.

Contempt hearing about phone blockage comes up next month-- I'll have questions on that too.  ;)

Thanks again.

DD