Imputed Income for CS

[Frustrated_DAD]

My EX and I have been divorced for over a year and part of the SA/Divorce was that CS would be paid.
When we both signed the SA and filed for Divorce my Ex was claiming that she was only going to make $7K for the year so we put in the agreement that no support was required at the time but would be reviewed each year (Norm 1rst June) or her income would be imputed. Turns out she quit her job so she did only make $7K.
We have 2 young children who I have full custody of (she never sees them or requests to – they were 3 & 5 at the time of Divorce).
I make a decent income 80K but I just find troubling that she will not provide any support for her children or see them.
It took me 6 months to get extraordinary expenses from her through her lawyer for the mere 8% she owed for the previous year. All comms are through her lawyer since they do not want me to know where she lives (even blanked out her address in her income tax return last year). Had these issues during on Separation period when she would go into hiding so we could not serve her court papers.
Both children have learning issues which have been a drain on my income and I often feel she should be providing some support for them. It is hard enough to comfort my oldest on why their mother is not around.
At the same time I have the kids full time and a good income so the questions is: Should I request her income imputed and seek CS?
I think she has been living off the system with her new partner and may not be working to her full potential – she also has had 2 new children in the last 2 years with her new partner. She worked full-time the 1rst year we separated at $37K and is certified in her field of work so she does have the potential for a higher income.

[dadtotheend]

Damn right she should have an income imputed to her.

To abandon her children and cause them the problems that have no doubt attended as a result of her actions is reprehensible enough.

To then run from supporting them is beyond the pale. Impute her with a $25K income and get the FRO to deal with collecting it.

You have enough problems caring for your children and dealing with their special needs. You don't need the additional energy drain that comes with chasing her nowhere-to-be-found ass.

[NBDad]

DTTE nailed it bang on. The children have a right to support. She cannot play the poor me card, since having a new family does not negate her obligations to her existing children.

At an absolute bare minimum, she should be imputed at min wage/full time hours.

[CycleDad]

Definitely she should have an income imputed to her and be paying child support. CS is the obilgation of both parents. You making 80K is irrelavent to her paying CS.

Impute a wage for an average of whatever she is "certified" to work as.
That is as long as there is work available in that field.

[Frustrated_DAD]

Thank You for the advice.
I just have to decide if I wait until the 1rst of June to see if I get her Tax Return or file for CS now. Last time I did not get her complete return until Novemeber 2010 (only 6 months late).

[dadtotheend]

File now and get the process going for a case conference. By that time June will almost be here anyway.

Moreover, by waiting you prejudice your rights to retroactive CS.

[today]

It always cofuses me why people "wait and wait" get the ball rolling towards motions/court and you will see results much quicker than waiting and going back and forth bewtween lawyers. Often pushing forward gets things done.
In the end much less costly from my experience. No fooling around and wasting lawyer money. Straight to the point. These two and three year back and forth between lawyers with out motions confuses me to no end.

[dadtotheend]

You got that right. People will just posture back and forth ad nauseum while the lawyer run up the billable hours.

You got to show the other side you mean business!

[Frustrated_DAD]

Just finishing the paperwork for all the forms to submit and I also wanted to include this years tax Return - but I have one more question.

What would the courts consider for serving an individual?

Since I'm not sure of her address (may have found out where she lives but not 100% sure) and her lawyer has said he will not represent her if it goes to court. Should I send everything by registered mail to her and then fax/mail her lawyer? Not sure it would be worth paying someone to serve her the papers if I can not find her. I've been informed that she is currently on Mat Leave from work but this was through a third party so they can not provide me any other info.

[Frustrated_DAD]

Update to process for CS

Holy S#@t

My ex got sereved today after taking so long to find her and within 15 mins she was calling me and stated "We should discuss her income".

Damn right - abandoned her kids for almost 3 years and provide no support.

I also know that the hard part starts to try and get her to sign off on a consent form for child support.

At least I can have one day where it looks like things are going in the right direction.

[CycleDad]

Sounds like progress! Be strong, fair and firm!

[Frustrated_DAD]

How to respond?

So my Ex called 15 mins after being served to talk about her Income (left a voice message on my work phone).

I've not talked to her for approx 3 yrs - mainly due to her making nonstop false allegations against me. I just feel very uncomfortable with the thought of talking to her again.

So I have to decide:
1) Do I call her back and discuss resolving her paying CS? Even if she has decided not to work again - at least request some form of support - $100/month for the 2 kids. Remember I have them full-time and she never sees them.
2) Wait for her to respond by sending me her financial information and court brief.
3) Wait for the Case Conference - this would probably be my last choice as I should try to at least to work something out since she has finally responded.

[CycleDad]

I would do communication by email.
I would "demand" politely at least her tax returns for the last 3 years.
I would not cancel the court proceedings but I would try to work something out before hand. Remember that a judge wants to see her paying table amount CS not a negotiated amount between you two unless there is a good reason.

I say go for arrears too. SHe has obligations to pay child support and she has no relationship with the children right now, correct? So there is no issue damaging it.

[Frustrated_DAD]

a week until Case Conference

7 days to go until case conference. The Ex has a lawyer now who will not respond to me. They are asking for the case to be dismissed with costs and have now stated my ex is very ill and unable to work to provide CS.

I've asked for a medical note stating ability to work and when this was diagnosed but no response. I've also not received a Financial Report Form 13 (or 13.1), case conference brief or full financial disclosure. I've sent an email and fax to my Ex's lawyer but after 18 days no reply.

I'm a little nervous since I've not been to a case conference before so I'm not sure what to do on the first date. We had 3 case conferences slated before but all were cancelled prior the actual dates and then we finally had our SA/Divorce finalized through the lawyers.

Any helpful tips on what to do during the case conference?

All I'm asking is to change CS due to her income change of last year (since she finally worked - barely) or have it imputed since she continues to stop working (this year). She claims the family income (with her new partner) will be approx $29K this year and next year will be approx $14K. The Ex will not provide prove of her partner's income even though she keeps stating in her response to motion that they have a low family net income.

What to do????

[Mess]

I take it you are representing yourself?

Be very polite to the judge, like you are in grade 2 and have to raise your hand to ask a question.

Stay on topic. Have your notes prepared and numbered, every point you want to bring up and a reference to any supporting material you have. Keep this with you, a binder with tabs for different sections. Organize it how you feel comfortable, but organize it. Never think you can do anything from memory.

Be clear with goals you have for this case conference. Seek for the judge to make orders that your ex provide full financial disclosure for her and her partner. Make the request simple, calm and non-accusatory. The judge already knows why you need the info, the judge needs it too. But you must make the request for the order.

Make a further request for medical records (don't say a doctor's note, say medical records) indicating why she is unable to work. Assert calmly that you do not accept the claim that she unable to work unless it is documented.

Ask the judge for an interim order for child support based on an imputed income. The judge will likely offer a compromise amount, this is to obtain agreement from both sides for a consent order. Don't be surprised if it is half what you expect, that doesn't mean you have a weak case, it means the judge is trying to get the ex to consent to an order.

Look at any documents the ex provides very carefully and ask for a break to examine them. If anything looks fishy, point it out in a calm and clear fashion to the judge.

Avoid at all costs getting into any direct exchange or conversation with the ex or with the ex's lawyer in front of the judge. Speak calmly to the judge, not to your ex. Wait your turn, don't jump in.

If the ex's lawyer approaches you with an offer outside the judge's chambers, of course listen and take notes and say you will think it over and then go aside and think about it without being pressured. Don't let the ex's lawyer pressure you or coerce you in any way, take your time and keep your space.