Evidence to impute income

[AlmostThere_Hopefully]

Just because there are jobs out there that pay more doesn’t mean they would be able to do it or be hired. This would be a poor argument to make. Don’t go in with an argument that they could be making more or should be making more. The only way you can prove under employment is if they are purposely underemployed. That works for people who quit their jobs to go to school in a different field, retire early to avoid support, quit to sit at home, quit to look after their new spouses kids, go on mat leave with a new partner etc.

The key is “purposely” underemployed. Not accomplishing anything in their field is not underemployed. Its simply not motivated to achieve more.

As the judge in my partners case said—you will not find a judge who expects someone to work more than 40 hours or find a new job that pays more just to suit you.

Makes perfect sense. Thanks for your input and a real life example.

[rockscan]

Evidence to impute income

Just because there are jobs out there that pay more doesn’t mean they would be able to do it or be hired. This would be a poor argument to make. Don’t go in with an argument that they could be making more or should be making more. The only way you can prove under employment is if they are purposely underemployed. That works for people who quit their jobs to go to school in a different field, retire early to avoid support, quit to sit at home, quit to look after their new spouses kids, go on mat leave with a new partner etc.

The key is “purposely” underemployed. Not accomplishing anything in their field is not underemployed. Its simply not motivated to achieve more.

As the judge in my partners case said—you will not find a judge who expects someone to work more than 40 hours or find a new job that pays more just to suit you.

[AlmostThere_Hopefully]

At least your ex is trying to find work. You may have to accept that what they are making (more the minimum wage?) is what it is for right now. They may be right and they may not have all the qualifications to make the money that you think they should be making.

What is the average of their last three years income? What do they currently make now? If its close I doubt a judge will impute a higher income because you think they should be making more. Tome the judge will put more weight on what what they were making.

The average of their last 3 years is a tad bit less than what they make now. Thanks for the info. This really helps me in terms of getting my paperwork together. To understand both sides.

[standing on the sidelines]

At least your ex is trying to find work. You may have to accept that what they are making (more the minimum wage?) is what it is for right now. They may be right and they may not have all the qualifications to make the money that you think they should be making.

What is the average of their last three years income? What do they currently make now? If its close I doubt a judge will impute a higher income because you think they should be making more. Tome the judge will put more weight on what what they were making.

[AlmostThere_Hopefully]

Someone correct me if I’m wrong but shouldn’t your goal be to impute income based on what they are CURRENTLY capable of making? Not “what I want to impute”?

Based on that logic all support payers would technically be on the hook for a lot more- because let’s face it, almost every position can be upgraded from.

Ex: If your ex worked as a chartered accountant at a large corporation and then coincidentally decided it was too much of a work load when you got divorced and began working as a bookkeeper for a small business, then you would have a case. If your ex has always been employed as an entry level bookkeeper even while you were together, I don’t think any judge would order them to go back to school and upgrade, just so they can pay more support? But perhaps I’m wrong?

Imputing income is mainly for:
-Self Employed people who are under reporting their income
-People working for cash/under the table
- People who claim they are sick/have a disability/etc that “prevents them from working” (when they in fact don’t)
-People who go back to school and claim they can’t pay anything at all
- Or as stated above, people who have purposely underemployed themselves/taken a step down from what they used to make

Has your ex filed full financial disclosure yet? Do you have ROE’s/paystubs/income tax? Do you feel that they are straight up lying about how much they make? If so, why?

I am currently in the midst of attempting to impute income on my ex.

I recently got an order for him to provide:

-Detailed medical analysis about why he can’t work... which I will never get because I know it does not exist
-An award settlement order he recently received
- last -12 months of bank statements (this can be a very helpful one if supplied)
- Affidavits/ROEs/Paystubs from all income sources he was previously saying did not exist but actually do

I have their resume but have no idea what to do with it. Lol. I've spoken to 2 different headhunters after they reviewed the resume and I got 2 totally different salaries. So I have no clue how this works and how to prove what they should be making. They have filed disclosure but their income still seems quite low to me.

[Selfrepmom]

I feel they are not making enough in their field yet they claim they haven't upgraded so they are still considered "entry level" in their field and can't make what I want to impute to.

Someone correct me if I’m wrong but shouldn’t your goal be to impute income based on what they are CURRENTLY capable of making? Not “what I want to impute”?

Based on that logic all support payers would technically be on the hook for a lot more- because let’s face it, almost every position can be upgraded from.

Ex: If your ex worked as a chartered accountant at a large corporation and then coincidentally decided it was too much of a work load when you got divorced and began working as a bookkeeper for a small business, then you would have a case. If your ex has always been employed as an entry level bookkeeper even while you were together, I don’t think any judge would order them to go back to school and upgrade, just so they can pay more support? But perhaps I’m wrong?

Imputing income is mainly for:
-Self Employed people who are under reporting their income
-People working for cash/under the table
- People who claim they are sick/have a disability/etc that “prevents them from working” (when they in fact don’t)
-People who go back to school and claim they can’t pay anything at all
- Or as stated above, people who have purposely underemployed themselves/taken a step down from what they used to make

Has your ex filed full financial disclosure yet? Do you have ROE’s/paystubs/income tax? Do you feel that they are straight up lying about how much they make? If so, why?

I am currently in the midst of attempting to impute income on my ex.

I recently got an order for him to provide:

-Detailed medical analysis about why he can’t work... which I will never get because I know it does not exist
-An award settlement order he recently received
- last -12 months of bank statements (this can be a very helpful one if supplied)
- Affidavits/ROEs/Paystubs from all income sources he was previously saying did not exist but actually do

[arabian]

something good to present would be a loan or credit application where the other person indicates employment dates and/or income and then signs the application.

If the field they are certified in is something like Nursing then there is plenty of salary information online - just check with job/career section of your local hospital which offer both part and full-time.

Same applies to other fields.

[AlmostThere_Hopefully]

I dont think that matters. Most jobs do not give raises based on inflation.

Got it! Thanks.

[standing on the sidelines]

What about inflation? Is that considered? Their income when were together was about 50K but with the online inflation calculator I found they should be making more like 85K.

So sorry for all the questions

I dont think that matters. Most jobs do not give raises based on inflation.

[AlmostThere_Hopefully]

If this is a female spouse who has been at home with the kids you may have an uphill battle too. While you are in canlii you may want to search of imputed income and see the details of the case.

There are many different ways and reasons courts either do or dont impute. You need to do some research on case law for your understanding and then go from there.

Truly your expert witnesses would be doctors or employment counselors.

This is great. Thanks all!

[AlmostThere_Hopefully]

Ahhhh ok. I should look into that. Thank you.

[rockscan]

If this is a female spouse who has been at home with the kids you may have an uphill battle too. While you are in canlii you may want to search of imputed income and see the details of the case.

There are many different ways and reasons courts either do or dont impute. You need to do some research on case law for your understanding and then go from there.

Truly your expert witnesses would be doctors or employment counselors.

[StillPaying]

An experienced headhunter maybe, or an expert in whatever fields they're in. I'm not sure. I didn't have one so my trial judge could only impute full time minimum wage.

[AlmostThere_Hopefully]

What about inflation? Is that considered? Their income when were together was about 50K but with the online inflation calculator I found they should be making more like 85K.

So sorry for all the questions

[AlmostThere_Hopefully]

It'll come down to what's reasonable. Have they always been in the same field. How long. What's their plan to get out of entry level and make the most they can for their kids.

People are allowed to go back to school, or take a lower level job, but there needs to be an active plan for the better. If they're happy only at every level you'll have an easier time imputing income, but you'll need an expert witness to show what someone in their field, experience, should make.

Expert witness is an issue too. Who would that be? I find no one wants to get involved in these types of issues