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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 04-25-2017, 12:57 PM
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Default Offset CS when she stopped working

In 2011 when we divorced my ex was working a government job making $50k/yr. We have shared custody of B8 and been doing offset CS recalculated each year.

In 2015 she decided to quit her job to run a home daycare to save on daycare costs for her 3x children. Once the youngest registered for JK in Sept 2015, she quit her home daycare job in early 2016. She couldn't find a job, so did some self employment cleaning of houses. She missed a month of work for having shingles in Sept and went back to cleaning houses afterwards.

Her income for 2016 was $4000. She wrote off $12,000 (line 162) of income for business expenses.

She wants full CS of $750 a month for this year. I think imputing a $40k income would be reasonable doing $425/mo.

Thoughts? Would a judge likely impute a $40k income?
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Old 04-25-2017, 12:58 PM
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Man, sounds like my situation. Except mines off on disability right now...


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Old 04-25-2017, 01:58 PM
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In your situation are you now paying full CS? Or was income imputed? What does off on disability mean? She went to the doctor and said she has a sore thumb and now can't work her typing job and need to be on disability? Or an actual medical diagnosis?

I don't understand how divorce occurs, CS is set for 4 to 6 years and then someone can quit their job and expect not to pay any CS or even expect to get a reduction.
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Old 04-25-2017, 02:07 PM
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And if a man were to do it, or even lose his job legitimately, there will never be a response that its ok or that he has the go ahead to follow his "dream".

I would say push back that your offset will be at minimum wage with a planned increase in two years as she is skilled.

Also look at potential jobs she could do (in light of any training issues she may have being out of the workforce) and have them handy for potential court action.
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Old 04-25-2017, 02:29 PM
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I pay the offset amount. And apparently legitimate diagnosis. Although, and not sure if it's to this point. But not can never work again. It's a Govt job, I've told her they have a duty to accommodate. Not sure wtf going on over there. Lol


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Old 04-26-2017, 09:46 AM
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Quote:
Originally Posted by phatkid77 View Post
I pay the offset amount. And apparently legitimate diagnosis. Although, and not sure if it's to this point. But not can never work again. It's a Govt job, I've told her they have a duty to accommodate. Not sure wtf going on over there. Lol
So you pay the offset amount of what she should be earning if she was working? Or do you pay a higher offset CS amount because she is not working?

So how does that work, if someone gets a legitimate diagnosis and it says they can never work a job again does that mean their income for offset is zero each year? Or is income imputed based on full potential earnings before the diagnosis?
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Old 04-26-2017, 12:06 PM
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I pay offset based on incomes.
When first separated. $130 a month as she made 55k.
Now that it was 43 I pay 220. And if goes off on disability it will go up to like 360.
I like your question. Should be based of what they made. Lol. Life's not like that


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Old 04-26-2017, 01:14 PM
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Quote:
Originally Posted by phatkid77 View Post
I pay offset based on incomes.
When first separated. $130 a month as she made 55k.
Now that it was 43 I pay 220. And if goes off on disability it will go up to like 360.
I like your question. Should be based of what they made. Lol. Life's not like that
What was the reason for her income reduction from $55k to $43k? Did she take you to court to increase your CS to $220/month or did you just agree out of the kindness of your heart?

It usually takes months to years to get a diagnosis for a disability. So if someone does not work during that time waiting to be diagnosed do they make any income? Nope. So is that intentional under employment?

I guess it depends on the disability. People have tons of different disabilities but that doesn't mean they can't work, and some do. They may not work the same job but if you can't talk you can still work in a factory. If you can't walk you can still work for Bell answering phones. If you can't drive you can still work in a restaurant. Lots of choices.
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Old 04-26-2017, 02:07 PM
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Kindness of my heart yeah. I hate courts. I just adjust accordingly.
Her wage went down due to missing work. And now has been off almost 2 years. So being off she would have been getting 60-70% of wage I think.
She's been a sick bird for ever


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