Imputed Income?

[rooky14]

The Judge in her court order, after trial, imputed me, wife, an income of $16,000. I was in a 20 year traditional marriage and did not work outside the home. She also determined spousal support of $13,500 per year, which of course is income to me. My question is: How much money can I earn before it changes my spousal support? $3500.00?

Thanks.

[blinkandimgone]

The $16,000 plus $13,500 brings you to $29,500 to support yourself on. It would be in your best interest to get a job where you'll earn at least the $16K they've decided you're capable of.


You should be getting a job and working towards supporting yourself, not working the bare minimum to make a few bucks to supplement your spousal support.

[KeepSmiling]

Did the order speak to anything about it?

I would think that you could make as much as you want to. It would then be up to your ex to bring a motion to change the SS based on your increased income and the reduction in the need for SS.

Is there an order to exchange income information annually? How would he know what you make - unless you're driving around in a new Mercedes every year

I can see that your issue would be if you start to make 20,000 - then he may have an argument to reduce SS - so it looks like you either have to make under 16,000 or over 29,500 to stay whole.

[rooky14]

Thank you for your input. I received a rather threatening letter from x's lawyer because one year my total income was $23,000. (lump sum spousal from pre trial), inferring that I was over the $16,000 imputed income, hence my question.

I would love to work but unfortunately was diagnosed with an autoimmune disease greatly reducing my ability to walk or use my hands. Lupus is the diagnosis from a RA specialist. I also have a bulging disc in my back that can be quite annoying. I have resorted to renting my basement, which I claim on my taxes as income.

Is your answer based on supposition or fact?

Thank you in advance.

[dadtotheend]

I think her question was how much can she earn before income taxes become a consideration.

$10,000.

[rooky14]

to keepsmiling

The Judge's order does not address my "total" income, only imputed and spousal support income. The order does state to exchange taxes, although I have a tough time getting the "assessments". He still owes me three of them from three years.

Under $16,000 or over $29,500? That is the million dollar question, isn't it.

I realize my health issues constitute a material change as it relates to imputed income, since I have letters from my doctor's re: ability to work, but I would rather put razor blades in my eyes than go back to court. I spent 9 days on trial. No thanks.

[NBDad]

Depends entirely on your court order and how it's worded. Did the judge set a time limit on spousal?

Depends on your age as well. Once entitlement has been established, the typical formula is .5 years to 1 year for every 1 year of marriage. Yours was a rather long term marriage, so you'd be looking at 10-20 years minimum on spousal.

HOWEVER...spousal support is supposed to exist to bring YOUR Net Disposable income to between 41-46% of his Net Disposable Income. If you go over that % drastically he can argue a material change and request that it be reviewed.

Conversely, if he hasn't retired yet, when he does, expect him to push to have it reviewed again. A drastic drop in his income would also constitute a material change, and be grounds to have the numbers recalculated.

The "best" answer on how much can you make before he could argue a material change to reduce the amount of spousal is:

Whatever brings you to MORE than 41% of his NDI...which would have been calculated by the lawyers/judge and you should know what that number is.

[NBDad]

I realize my health issues constitute a material change as it relates to imputed income, since I have letters from my doctor's re: ability to work, but I would rather put razor blades in my eyes than go back to court. I spent 9 days on trial. No thank

Yes and no. Do you qualify for disability? How much would you receive? 16K is minimum wage. You cannot "NOT" support yourself. Be it from part time work, disability/government programs/etc.

Even if you were to return to court, your chances of having the imputed income taken away are slim to none. "0" is not an acceptable answer regarding what your income is. If your health issues are at a level where you cannot return to work and your doctor can support that, you should qualify for disability.

[rooky14]

NBbad

There is no time limit on my spousal support. I was imputed $16,000. and my x was imputed $70,000. as he is self employed and the Judge decided his tax return did not reflect his true earnings, ie: company paid for condo rental, car, utilities etc. Accounting proceedures for self employed persons can get very creative, but I don't think I am near the 41% - 46% of his disposable net income. I am 55 years old and the x is 67 and is still 50% owner in a company. Hope he doesn't retire as the Judge also ordered him to pay his "proportionate share" of our son's University education. And by the way, FRO will NOT enforce the Order based on "proportionate share", even though the numbers fall out from our imputed incomes. Apparently they need a % number. I will have to go back and have the order amended. Thank you for your input.

[NBDad]

Yep, the FRO doesn't deal with any but very specific wording. You will need the motion amended to lay out his exact contribution.

Any reason the child can't/won't ask him to help? I would think that it would be better to try to get things going as soon as the child knows the program he will be attending, and then to do a breakdown of the total cost.

FYI it's a pretty usual thing to have the child contribute towards their post secondary as well. As much as 1/3 through loans, grants, savings, etc.

The remaining 2/3 is what is typically split proportional to income. Perhaps if you were willing to work with him on that he may surprise you and play ball.

If nothing else, by making efforts to work WITH him, you drastically increase your chances of a favorable outcome in court. (as you are ONLY there because he's being a bonehead. )

Start by having the kid send his father the program information and the expected cost breakdown once he's been accepted.

Heck once he's applied, have him send his Dad information on the programs he's applied to ahead of time, that way you'll nip any argument about not keeping him informed and not giving him time to get the funding together in the bud.

[rooky14]

NBdad

I am way ahead of you! LOL I broached the University/money issue and was told that the x intended to borrow the money from our son. Our son has earned a considerable amount of money, which I spent a considerable amount of legal fees to get his money back to our son. I told x this is unacceptable and he is NOT going to borrow the money from our son. The Judge ordered that our son pay $1,000. the first year and $2,000. every year thereafter. So, perhaps you can see why I will have to go back to court to give the FRO something they can act on. Kills me.........nine days in court..........I am $185,000.00 lighter and I have a Judge's order that I need to go back and have fixed! Ya' just gotta' laugh.