Imputing Income

[Beccabird]

What is a reasonable amount of time to give someone to find a job before requesting an income be imputed to them?

[mistoffolees]

I would guess that it depends on the position. For example, my stbx is a nurse - and could get a job in about 15 minutes. Some professions would take longer.

I would suggest that you not worry about it - request that income be imputed right away. Why wait?

[Jade]

>What is a reasonable amount of time to give someone to find a
>job before requesting an income be imputed to them?
>
>
>
>
My ex had imputed income the minute that he willingly quit his higher paying job with good benefits and went to a substantially lower paying job with lousy benefits.  

If child support is already established, then the amount in the court order is what has to be paid unless one goes to court for a modification.  

[Beccabird]

Because this person does not have a job history.  She went to school after the divorce instead of getting a job, and now, six years later, she is "educated" and instead of finding a job, has applied for (and is receiving) welfare.  She is going on interviews but not accepting any offers.  For the past six years she has lived off of child support and gov't assistance.  Just wondering how long she can ride the system?

[mistoffolees]

My response is already up there. "Why wait".

Just file now. There's absolutely nothing to be gained by waiting.

[Ref]

She must be DH's ex's twin sister!!! She did the same thing. Went to school for 10 years while living on welfare. Now she is 40 and finally been employed for a full YEAR!!

Anyway, the least amount that would be imputed would be minimum wage. Let that start off as a jumping off point. You can also go on salary.com to see what people with her backgroungd make in your area.

I would go in imputing the salary.com number but have all the minimum wage info on hand incase the judge sees that it isn't fair.

I am assuming you are looking into modifying CS. My advice is to crunch the numbers to see if it is worth the cost and stress of court. You may only be saving $10/month but paying $3,000 in legal/court fees.  It may even go up if BF has had a raise.

Good luck
Ref

[Beccabird]

Yes, there is an interest in modifiying support.  My husband (of three years, not boyfriend)  has 50/50 parenting time, but when the visitation was established (along with the child support) TN only used the non-custodial parents income.  Now TN is an Income Shares state, but since Mom's income is still zero, his child support does not change.  He is actually still paying exactly what he should be, according to the state child support calculator.  When we have used the average salary for women in our state (27k I think) in the CS calculator, his support drops from $730/month to $12 a month.  

The state sent them both a letter saying that when a party receiving child support is on welfare (as she is) they have the right to reveiw support at any time.  Thats fine and all, but if they don't IMPUTE an income to her, it's not going to change one bit.  

My husband has paid the child support on time since the day she kicked him out.  Never been late (except once, it was one day late, because the mail hadn't run for Regan's funeral).  She flipped a lid over that one.  She has gone to college full time for the past 5 years, and he's always gotten the kids extra.  For 2006 he had the kids MORE than 50% of the year, because she was focusing on school and asked him to get them extra each week.  

Now she is graduated, and instead of finding a job, she went and applied for welfare.  I'm NOT trying to take away anything from the kids, trust me.  We are just drowning on our end, trying to make ends meet, because over 41% of his salary is going to her, and it's hard to keep afloat with what's left over, when we have a mortgage and are caring for the kids half the year on what is left over.  Anyway, sorry to ramble...

I just feel like we have one shot at this, we have been patient for a very long time.  Never pushed her to get a job, never threatened to reduce support, because we wanted her to finish school so she could support herself.  And now she's done... and she's not supporting herself.  Once she even offered to let my husband have the kids nearly full time *IF* he signed a statement saying he would never stop paying child support or try to get it reduced.  This is the mindset we are dealing with.

Thanks for listening.