View Single Post
  #11  
Old 05-22-2019, 10:14 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
Junior Member
 
Join Date: Mar 2019
Posts: 25
AlmostThere_Hopefully is on a distinguished road
Default

Quote:
Originally Posted by Selfrepmom View Post
Why are you only imputing $20k annual income on yourself? Do you have a valid reason to not be earning a minimum wage living at the very least?

Why does the other party say you should be making $50k more? Did you used to work at a job where you earned this much? What sort of education do you have? If you do/did have the capacity to earn this much, why arenít you anymore?

If the other party made an offer to settle based on an imputed income of $20k on you, why did you not accept it? What was different about your counter offer that caused the other party to turn it down?

A summary judgement is basically motioning for the judge to make a final order on any outstanding issues to avoid trial. You can only be granted a summary judgement if it is a VERY obvious decision, and the other party is wasting the courtís time by taking it to trial.

Based on what you are saying, you donít have a good case for a summary judgement, and the other party may be right in refusing your offer to settle. Unless you have a very good reason to not be earning the income you are capable of, I would start thinking about making a more reasonable offer than imputing only $20k upon yourself

Sorry, to clarify, I make $40k. I imputed an addition $20k to my income to bring it to $60k in my most recent offer to settle. I just wanted these proceedings to end. Also, $60k was what they wanted me imputed to at the start of these proceedings but now apparently they want me imputed to over $80k. I just can't win.

For the majority of my adult working years I've always made the same amount of money. I looked back 14 years at my NOA's and my average income is about $37k. Give or take a couple grand. I have never earned anywhere close to what they want to impute me to.

The judge, duty counsels, other lawyers have all said the same thing. This is not a matter for trial. It's straight numbers and I shouldn't be imputing an income for myself.
Reply With Quote