How Much Income Should Be Imputed?

[Codename]

This is the situation with my daughters case. He was given a court order to produce all documentation time has gone by, the lawyer even extended an extra 10 days. We are now filing to Strike his motion and the incomplete financial statement that was filed with no documentation. I am not sure if you read this case but she also has a judgement against him for not paying her loan back. He has a warrant out in small claims court for not obeying the judge and appearing in court for not disclosing his financial statement. I want to tell you something that is so funny. I know this guy is self employed and works for other people and gets paid cash. I just found posting of the company that pays him cash with photo's of him working all the way back to 2017. Both of my lawyers laughed. The small claims lawyers is now putting a application in to call in the company. The family lawyer is using all of this information also in family law. I have faith in the justice system and one of my motos is the song,
"time is on my side, yes it is". Keep me posted

[Selfrepmom]

I just read your case, I just wanted to know what stage you are at now. Have you gone to trial? Has he disclosed income? If you read my case is with my daughter and her ex he too has been ordered to disclose income, bank statements, financial, loan application and so much more especially since he is self employed.
I would like to hear from you.

My process so far has been:

-Filed for child support in the beginning of 2018
-x3 first appearances (kept getting adjourned because ex wasn’t filing financials)
- Case conference in December 2018. Judge forced ex to consent to a temporary order for CS (but he wouldn’t agree to anything substantial- the amount he is paying is actually less than it would be based off min wage
- Settlement Conference April 2019- ex was ordered to disclose a BUNCH of stuff
-I booked a Trial Management Conference for December 2019 (the waitlist for this was super long)
-Motion booked for next week
-If I don’t get a final order for everything next week (strong possibility) I will be attending the TMC in December
-After the TMC will be trial

[Selfrepmom]

I just read your case, I just wanted to know what stage you are at now. Have you gone to trial? Has he disclosed income? If you read my case is with my daughter and her ex he too has been ordered to disclose income, bank statements, financial, loan application and so much more especially since he is self employed.
I would like to hear from you.

I recently filed for a motion to have income imputed, along with child support, arrears, and s7 expenses based off that imputation. I wanted to ask that it be made a final order but the lawyer I spoke to said there was a good chance that the judge won’t want to make a final order on a short motion, but will very likely make a temporary order of some sort (as it is blatantly obvious he is underpaying). She said once I have the temporary order, start pushing to trial for the final order.
The motion was set for the end of September. My ex showed but never bothered to file a response or a financial statement (as seems to be the case every time). The judge allowed an adjournment but gave my ex a stern talking to and told him he would be going ahead on this motion at the next scheduled date- whether he files material or not.
Lo and behold I was at the courthouse today to file my confirmation (motion is now set for next week) and the ex still hasn’t bothered to file anything.

I am cautiously optimistic that his almost 2 years of delaying and hindering the court process will finally begin catching up with him next week.

[Codename]

I just read your case, I just wanted to know what stage you are at now. Have you gone to trial? Has he disclosed income? If you read my case is with my daughter and her ex he too has been ordered to disclose income, bank statements, financial, loan application and so much more especially since he is self employed.
I would like to hear from you.

[StillPaying]

Once you get a case management judge, you'll see a lot more orders be made at sc/tmc's without consent needed.

[rockscan]

They can order support and disclosure at conferences. Especially in cases like yours. If there is proof of SOME income they can order support. For your case, you also had proof he was withholding info so it was ordered.

Most of agreements on consent at conferences are based on what could happen and the judge encourages settlement.

[Selfrepmom]

This time around our trial management conference judge suspended spousal support and lowered my income/cs, no motion needed.

Lol it’s funny because family law rule/posts on this forum make it seem like you can only get consent orders at conferences. Basically every single “consent” order I’ve gotten up to this point actually has not been on consent at all. The judge- and my ex’s lawyer- know that he has no chance on winning the battles he’s fighting and basically tell him what the order is and to sign below.

I will go ahead and book a TMC but I can see the ex attempting to delay trial. Luckily his lawyer is funded by legal aid so I am sure she will push him to settle before it gets that far

[StillPaying]

Would it make sense to file a motion for income to be imputed on an interim basis in order to get some s7 stuff taken care of and proper CS until trial?

I would be pushing for trial which, depending on where you are, may be November. You already have an interim imputed income. Plus you're relying on evidence which would need to be cross examined. If they try to delay trial, then you might be able to get his income increase, maybe to min wage.

My first time around, all the judges said my ex should be imputed but they all left her income at zero for the trial judge to decide the amount. This time around our trial management conference judge suspended spousal support and lowered my income/cs, no motion needed. We're both still asking for each other's incomes to be more, but that's left for trial.

[rockscan]

Remember its all based on fact. Does he pay for the vacations every year while claiming no income? Do you have proof? If the answers are I don’t know and No then its not fact.

[Selfrepmom]

My mans ex did this. It was blasted by the judge. BUT she was claiming his lifestyle was not supported by his income and the photos she used were after he started working again and was up front about his new income and tried to update. Regardless the judge said he wasn’t claiming hardship so none of that was relevant. His gf could pay for the trips. Its how he is representing his income in other things. Like loan applications, credit applications etc. You have an order for disclosure though which he has not complied with. You also have proof he was earning money he didn’t report. Those are your biggest wins. If he refuses to provide the info you know about then that is the part that goes in your favour. Don’t get into the weeds on the rest. It will just confuse the judge.

Ya that’s what I was thinking.... I have enough documentation without throwing in the cheap shots that will just make me look bitter and jaded

[rockscan]

Yes all vehicles are registered in gf’s name. The home they live in was hers from a previous marriage so only in her name as well. And it is her phone number all over his business website for the contact number.



Would it be overkill to throw in info/social media pics of them on their semi-annual all inclusive Caribbean vacations, the 5 bed 3 bath, $700,000 home they live in, their elaborate March break vacays with her 4 kids from her previous marriage etc?

My mans ex did this. It was blasted by the judge. BUT she was claiming his lifestyle was not supported by his income and the photos she used were after he started working again and was up front about his new income and tried to update. Regardless the judge said he wasn’t claiming hardship so none of that was relevant. His gf could pay for the trips. Its how he is representing his income in other things. Like loan applications, credit applications etc. You have an order for disclosure though which he has not complied with. You also have proof he was earning money he didn’t report. Those are your biggest wins. If he refuses to provide the info you know about then that is the part that goes in your favour. Don’t get into the weeds on the rest. It will just confuse the judge.

[Selfrepmom]

I agree with you. If you're going to trial, push for $50k. However I would have an offer to settle at 30k to protect myself from cost as that seems to be your worst case scenario.

Gotcha!

So basically just start pushing hard for trial now that everything else is settled.

Would it make sense to file a motion for income to be imputed on an interim basis in order to get some s7 stuff taken care of and proper CS until trial? We already have one case conference and one settlement conference behind us.

Also, can arrears be ordered on a motion or would that only be dealt with at trial?

[Selfrepmom]

You can also carefully fold in lifestyle (expensive home, vehicles, etc) to create a picture. If your ex is doing what mine likes to do (have income go through g/f's or family account) then it is a much more difficult position. Fortunately for me, my ex was caught up in his lies. Looks like your ex has already done himself in. Karma.

Yes all vehicles are registered in gf’s name. The home they live in was hers from a previous marriage so only in her name as well. And it is her phone number all over his business website for the contact number.

Would it be overkill to throw in info/social media pics of them on their semi-annual all inclusive Caribbean vacations, the 5 bed 3 bath, $700,000 home they live in, their elaborate March break vacays with her 4 kids from her previous marriage etc?

[arabian]

If he is unwilling to produce ALL bank statements then I doubt he will be given much leniency when it comes time to impute income. Offering up selective statements just isn't going to cut it. For a start, he would have to corroborate the income that he did declare with bank statements. I don't know how it would be possible to accept etransfers without having a bank to deposit to. Likely there is another bank account somewhere.

[StillPaying]

I agree with you. If you're going to trial, push for $50k. However I would have an offer to settle at 30k to protect myself from cost as that seems to be your worst case scenario.

You can easily show he could make 50k, but he never has. It appears that since before separation he could never hold a job so it's hard to think that'll change. Even the affidavit you're relying on shows he gets fired for bad performance and drugs. It definitely should be more, but it may only be his noa amount with a slight increase for cash jobs potential and bad faith.