imputing income... certified to make more money... but don't.

[superdad01]

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.

[MixedBag]

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.

[gemini3]

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.

[leon clugston]

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.