Imputing income rarely happens?

[greatdad]

So STBX enrolled in school and now claims only works 15 hours a week. Worked much more until heard child support was on the horizon ! Then quit and got lower paying, less time working job. STBX has a weekend day and weekday off school and work, so I think should be made to work on that day. atty thinks since STBX is in school judge won't impute and that it will cost more to fight than it's worth. Anyone have experience with this?

[mistoffolees]

No direct experience, but I did discuss it with my attorney. She told me something similar to what your attorney says - it's hard to get income imputed for a full time student. If she has any significant parenting time, it gets even harder.

Then, even if you were able to impute income, it's most often at minimum wage (unless the person has specific marketable skills where a higher value can be assigned and where jobs are readily available - like nursing). A minimum wage part time job probably won't allow for much support, anyway.

Your attorney may be right - however, keep your options open to reopen the support issue when stbx graduates or quits school.

[greatdad]

I have sole custody. My issue is that STBX has days off, therefore time to work more, just doesn't !. Also theoretically the court is supposed to place the needs of the children ahead of the parents  career plan and choosing to be in school  just as they find out that support hearing is impending, were talking about a grown woman here, not someone in their early or late 20's. I guess the upside is that once ordered, while it may be hard for me to increase, it will be just as hard for STBX to decrease?
If non payment occurs can drivers license be revoked in NC/SC ? I hear most states do that now

[mistoffolees]

>I have sole custody. My issue is that STBX has days off,
>therefore time to work more, just doesn't !.

Sorry, but we're not a slave society. Having days off is actually permitted in the US.

By your logic, the fact that I make lots of money working 5 days a week isn't enough. Why shouldn't I work 7 days a week so I can make more money to pay support? For that matter, I have evenings free, why not require me to get another job and work evenings?

40 hours is the normal full time work week in the US. Going to college full time (number of credit hours varies by school, but they all define what 'full time' is) is considered the equivalent of a full time job in most cases. If she's a full time student and working part time, I think it's very unlikely that any court is going to require more than that (or impute more than that).

[Jade]

>So STBX enrolled in school and now claims only works 15 hours
>a week. Worked much more until heard child support was on the
>horizon ! Then quit and got lower paying, less time working
>job. STBX has a weekend day and weekday off school and work,
>so I think should be made to work on that day. atty thinks
>since STBX is in school judge won't impute and that it will
>cost more to fight than it's worth. Anyone have experience
>with this?


Since she is going to school full-time to better herself and earn more money, the judge may not impute income to her.  Once she graduates,  you can file for a modification and if she isn't working, the judge will then impute income to her.  And possibly at the entry level of what her degree is in.  Which is usually more than minimum wage.  

You would have a better chance of getting income imputed to her if she wasn't going t school.  

[jilly]

>I have sole custody. My issue is that STBX has days off,
>therefore time to work more, just doesn't !. Also
>theoretically the court is supposed to place the needs of the
>children ahead of the parents  career plan and choosing to be
>in school  just as they find out that support hearing is
>impending, were talking about a grown woman here, not someone
>in their early or late 20's. I guess the upside is that once
>ordered, while it may be hard for me to increase, it will be
>just as hard for STBX to decrease?
>If non payment occurs can drivers license be revoked in NC/SC
>? I hear most states do that now

I am in NC and they will revoke your drivers license.  Depends on the Judge/County though on whether it actually happens or not.  I'm not sure what the threshold is before they do that.  I want to say the payor has to be in arrears of $5,000, but I'm not sure if that's right or not.
I don't know about SC.

[jenjen]

You might be able to get an order at an imputed amount on your x's earning capacity based on previous employment.

in florida if you are $5000.00 dollars in arears your license can be suspended or (if you refuse to date one of the staff)......long story