educated guess on this

[greatdad]

I am looking for educated guess on outcome. I am well aware judge's can do whatever, so don't need to hear that, want solid opinions of those who have been there.
I am sole ( phs & legal) pendente lite, have been for a year already. STBX moved out of state, has been working and when I went for support stbx quit working> Had to file motion to compel discovery to which responses were inadequate, especially on income and assets. My atty has requested supplemental discovery to which stbx atty refuses to respond. We will be filing 2nd motion. Question here is if we ask judge to imputeto at least 40 hrs at min wage, will he?Stbx will say she is going to school now, although hasn't provided discovery showing that. Stbx has not paid $1 toward support since she left.

Next, stbx has EOW visitation, but it is  a 600 mile RT for kids eow. I have changed jobs and now cant get off early eo friday to be at the meet spot as before , no longer a boss, new job and new schedule.  i am going to motion to amend schedule so that stbx ( remember is claiming unemployed now!) will have to drive further to get children at scheduled time. The childrens travel time is same no matter who's car theyre in, so they are not experiencing any further issue,only inconvenience will be to stbx, but she will get to spend more time with them in car. I know she will object, so what do you think a judge will do, after all I am sole custodian and sole source of income?

[mistoffolees]

If stbx can not show that she's a full time student or disabled, courts are generally quite willing to impute minimum wage for 40 hours per week.

As for changing the driving requirement, that's a toss up. First, stbx says she has no income and they're imputing minimum wage (while you presumably have a greater income), so the court may consider it an unreasonable hardship for her to have to drive further. OTOH, they're not going to want to force you to jeopardize your job in order to drive. They might consider less frequent visitation (with longer visitation in the summer and school holidays to make up for it) or they might ask her to drive further, but reduce the amount of support she pays to make up for the extra driving expense. AFAICT, it's anybody's guess. Given that the amount of support they're going to have her pay is minimal, you might consider waiving support if she does all the driving or finding some other compromise to present to the judge so no one gets a nasty surprise.

[greatdad]

>If stbx can not show that she's a full time student or
>disabled, courts are generally quite willing to impute minimum
>wage for 40 hours per week.
>
>As for changing the driving requirement, that's a toss up.
>First, stbx says she has no income and they're imputing
>minimum wage (while you presumably have a greater income), so
>the court may consider it an unreasonable hardship for her to
>have to drive further. OTOH, they're not going to want to
>force you to jeopardize your job in order to drive. They might
>consider less frequent visitation (with longer visitation in
>the summer and school holidays to make up for it) or they
>might ask her to drive further, but reduce the amount of
>support she pays to make up for the extra driving expense.
>AFAICT, it's anybody's guess. Given that the amount of support
>they're going to have her pay is minimal, you might consider
>waiving support if she does all the driving or finding some
>other compromise to present to the judge so no one gets a
>nasty surprise.

STBX's increased drive time will only be about 5- 6  hrs round trip twice a month. In anticipation of non cooperation my atty has offered her atty 3 options. 1 she can pick kids up several hours earlier if she drives to childcare, 2 I will meet her at the same time as usual just not as far down or 3 I will meet her an hour later a bit closer to the normal rendevous, so all in all I think her not choosing 1 of the 3 options will cause the judge to deem her completly uncooperative and likely grant me my choice...whay do you think ?

On support, because I pay all bills including daycare (over $1000 a month) and all insurance (including stbx until final) and I just incurred a 50% pay cut, her portion will be substantial even at min wage.Under oath she said she lives with family and has no living expenses !! So I can't see a judge looking for me to waive any support just because she will have to drive  further, after all she is also getting added time with the kids too.