Inputing income who is the best expert?

[CycleDad]

In regards to determining what to impute back into someone's income for Family Law Purposes (i.e. child support calculations) which expert would be the best to determine this? A CBV, a family law lawyer, an accountant?

[Frustrated_DAD]

I'm no expert but when I talked to my lawyer last about it this is what he said.

1) If the individual is able to work and has in the past they will often look at what they have averaged during the last 3 years while working.

2) If the individual is able to work and does not work for the last 3 years to their full potential then look at imputing to Minimal Wage.

He did say it is usually the Judge's decision if you can impute income and to what amount.

I'll let you know when I get to court since this is what I'm currently in the process of doing.

[CycleDad]

Good info but sorry, I should have been more specific; I'm reffering only to busness expenses that reduce one's Business income such as automobile, cell phone, business trips etc.

CD

[TimePeace]

imputing income and wilful underemployment

my ex is self-employed and "shows" net income of 4,000/year. however his before expenses sales are well over $100,000. income has been imputed of $35,000 to bring him "close" to my net after-tax earnings. he is skilled and capable of earning a lot more with an employer but won't do it - because it's not to his advantage (therefore currently under-employed by choice). he does not see the forest through the trees, and until then, there's nothing I can do.

btw - i'm looking for the paper that was attached as a link regarding the study that was done about support payments being skewed to the recipient etc. (done in memorial to those drive to suicide over support payments).... is there a portal on here for sharing documents? does someone know where/how to find that again (sorry I'm still new here ...). thanks all.

[TimePeace]

i found it!
http://www.canadacourtwatch.com/file...pport_2008.pdf

[CycleDad]

thanks for the link TimePeace. So the Judge is the one who decided how much to inpute back or did you need to have experts figure it out?

CD

[Dad07411]

I have a similar situation, it's a late post but perhaps it will help someone else who is searching what to do I'm looking for an expert witness to assist in imputing income to my Ex in a sales job and she owns her own business. She hasn't paid into child support ever since our separation agreement was signed and she has 25+ years experience, this is not someone that was a stay at home mom.

She decided to to school full time to be a social worker to earn about a third of what she is capable of earning because she said there are no jobs. I sent her lots of jobs and she applied to one for $80k, but didn't go to the interview. A week later she had a part time job at chapters for one shift a month. The part that's sad is she got a free grant of $10k from the Ontario tax payers for school expenses.

So, I contacted a head hunter agency and found someone with 30 years experience in job placement in the local area. She is university educated with a Masters degree and has continued to get more HR type training, she's quite the expert. She's writing me a report based on EXs skills from LinkedIn and her resume and will provide jobs she's placed and similar salary levels. She will also document that this is unreasonable career switch given the salary drop and no experience, there are better opportunities out there.

I'm lucky that I ran into this angle as my accountant suggested it. Search for local placement agencies and find someone qualified. It may help you too. I go to trial at the end of May. My Ex wants me to increased SS of $4600 monthly because she is voluntarily unemployed, while she finishes her college degree and then wants to get her Masters full time. I also pay $2500 monthly child support, after I pay her I will have about $100 to live off monthly. She won't negotiate or settle so trial is the only option.

Hope this helps someone.

[Dad07411]

One more thing, I'm in Ontario so here are some more details.

The report has to follow the Ontario Family Law Rule section 20.1 under experts, there is a specific format and rules you need to follow, I’ve attached the weblink for the Ontario Family Laws it can be found at this website: *Courts of Justice Act - O. Reg. 114/99

[momforever1956]

Good info but sorry, I should have been more specific; I'm reffering only to busness expenses that reduce one's Business income such as automobile, cell phone, business trips etc.

CD

I used an accountant who is also a CBV. If you leave it in the judge's hands you must realize that he is not privy to the specific details. It took 3 years and 4 productions letters to seek the disclosure of the expenses and my x's income was eventually doubled at arbitration for support purposes.