NY child support, imputed income

[martian_65]

Hi Soc,

I hope I meet the criteria for posting here.  My facts:

Wife and I have been married about six years and she's threatening divorce, so no agreements in place yet.

We have one child together, six years old and we've both been pretty equally involved in her everyday care and nurturing.

Anyway, I lost a job last year to downsizing and have a new one making about 20% less.  Also, when I left the other job, I cashed in stock options and received a severance, so my income tax return says I made a little over $100,000 last year.  I make $60,000 per year now.

Add to that, that my current job could also downsize and that industry has no other options in my area so to stay would mean starting over at another substantial income loss.

My questions:

1.  If she files on me now and they look at last year's return, will they automatically impute my CS to the $100,000 level based on income tax or will they go with my $60,000 per year salary?

2.  If I lose this job eventually and have to take a paycut, how likely are they to impute income to me, forcing me to move?

Again, I live in NY, Capitol District.  

Thanks in advance.

[socrateaser]

>My questions:
>
>1.  If she files on me now and they look at last year's
>return, will they automatically impute my CS to the $100,000
>level based on income tax or will they go with my $60,000 per
>year salary?

They will use your new income, unless there are facts in evidence supporting that you are intentionally under-employed.

>2.  If I lose this job eventually and have to take a paycut,
>how likely are they to impute income to me, forcing me to
>move?

Maybe you're feeling really depressed and you need to get mental heath therapy? Maybe your company provides mental healthcare benefits and you could qualify for disability, while in therapy?

If you think that there is a reasonable probability that you wife will file for divorce shortly, I suggest you "lose" your job right now, as described immediately above, and spend every waking second taking care of your child. Then, "maybe" she'll have to pay you spousal and child support (assuming that she works and you don't).

Hint: if you do what I suggest, "maybe" will become "most likely."