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

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  #31 (permalink)  
Old 12-16-2016, 02:27 PM
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Join Date: Mar 2014
Posts: 2,901
rockscan will become famous soon enough

You need to do some research on imputing income. Its not something that you can just say "he could make 30 g a year". There are a number of factors a judge has to consider including education level, previous pattern of employment, current opportunities, health concerns, criminal records etc. Most of the time (and I could be wrong here but this is my understanding of the research Ive done) imputing income is mainly due to purposeful unemployment. People who refuse to work to pay child support. If this guy has so many issues in his life that he cant earn enough then you have a steep climb. If hes just being an ass and refuses to work or works under the table then you may be a bit more successful. But its all a crap shoot.

And again, your partner needs to decide if its worth going after. If youre already struggling financially, wasting time and money on a no win legal battle would deplete you further.

You may want to get some legal advice on your chances before making a move.
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  #32 (permalink)  
Old 12-16-2016, 02:34 PM
Join Date: Oct 2013
Posts: 66
calicodacat is on a distinguished road

She has decided to file the necessary papers for support, problem is, no income, no support. ATM he has moved in with his in-laws and plans to do work around the house for the next few months. He is employable, there is no doubt about it, can he keep a job is the question and seeing he works in construction it is mostly under the table.
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  #33 (permalink)  
Old 12-16-2016, 04:55 PM
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Join Date: May 2011
Location: Ontario
Posts: 3,035
Berner_Faith will become famous soon enough

What has his employment history been the past few years? What is his education level? At most if he has no marketable skills or education, you could hope for minimum wage of $24,000, so around $200 a month, Is this worth fighting over? Maybe, maybe not. Problem is, even if he is imputed a wage, you can't get blood from a stone, so if he isn't working then you're no further ahead.

If Dad works construction, chances are he is laid off now due to winter. Just a lot of factors to consider if you are already struggling financially. Your partner would have to take time off work to file paperwork and appear, which is going to have an impact on your finances, your partner is going to have to pay costs for the application, unlikely they will be recouped, which will impact your financial situation.
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