preemptive imputing of income

[pinkHouses]

Bob and Mary loved each other and married.
They had children.
One or both of them turned out to be a lying stealing piece of garbage so they do not trust each other.

Both are working but they each suspect the other will "lose" their job and not replace it with another. This would be a material change.

Do they each ask the court to impute an income before they "lose" their jobs?

[rockscan]

No you set the order on the income provided. If they lose their job then they file a motion to change the order to change the income/support amounts.

[pinkHouses]

No you set the order on the income provided. If they lose their job then they file a motion to change the order to change the income/support amounts.

From what I read here:
1. Imputing income in not retroactive. Is this true?

2. The adjustment of child support due to loss of income can be.

?

[Tayken]

From what I read here:
1. Imputing income in not retroactive. Is this true?

2. The adjustment of child support due to loss of income can be.

?

Courts do not deal with what could be... They only deal with what IS. Courts don't make orders on "beliefs" only facts.

That is common knowledge.

[pinkHouses]

thank you. I get that answers my first question and a court will not anticipate.

Am I right on the other stuff?
1. Imputing income is not retroactive.
2. Adjusting child support can be if I lose my job.

[rockscan]

Why would you impute retroactively? If they lost their job they lost it. You could argue they were purposely under employed but again, if the order is for their actual income then the onus is on them to demonstrate a material change. Then you would argue they purposely lost their job and the income in the order should be upheld.

[pinkHouses]

Thanks.
My ex is now working but COVID made a big mess of employment; they didn't work at all but could have but are now working.

Material change for an imputed income happened just before COVID closed the courts so I have resigned myself to not seeing any of that money.

[Kkc]

You can impute retroactively. Think if kids involved

1. Self employed says income is 80k in 2019, trial in 2022 shows income was actually 140k. Retro adjustment

2. Recipient refuses to work from 2019 on. At one point allows their credentials to expire. Both parents need to support kids

Retro adjustment

I know we can on mine bc the initial support order was all without prejudice pending further evidence. It’s been 7 weeks and no result yet. Mine hopefully will go down otherwise I have to sell my house and self represent and claim financial hardship. I doubt that will happen because I have 3 years of expert reports that I have been overpaying and they never wanted to dispute it

[Janus]

Am I right on the other stuff?
1. Imputing income is not retroactive.
2. Adjusting child support can be if I lose my job.

Jake has an income of $80k
Sally has an income of $120k

If Jake says that he lost his job, Sally can certainly challenge that and get income imputed. I'm not sure why that could not be retroactive. Especially if the imputed income is 80k.

Child support is based on income, so I don't get the difference between (1) and (2)