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Old 05-21-2017, 09:41 AM
Aghast Aghast is offline
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Default Imputed income on recipient parent?

Good Morning,

Does anyone know if there is any case law in which the recipient parent of a shared custody arrangement has been imputed income?

I have 3 case law that I'm considering, but they all have to do with the payer parent being imputed an income.

In a shared custody arrangement; are both parents considered payer parents?
How about in a split custody arrangement?

I am going to court on Wednesday, I have read tons of case law but I'm running low on time and could use some help.

Also, what does the courts see as an unsuccessful attempt to gain employment? Is it no applying for jobs at all or will they see a half hearted effort, say 2 applications per month, as an attempt.

Thank you in advance
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Old 05-21-2017, 12:03 PM
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Rioe Rioe is offline
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Anything that requires knowing someone's income to calculate something can involve imputing an income to them if it's proven that they are underemployed, deliberately unemployed or concealing true income.

In a shared access offset CS situation, you would use the imputed income to calculate CS amounts. This prevents the unemployed parent from being supported by the unfair CS the employed parent would otherwise be paying.

In a primary access full CS situation with the unemployed parent as the minority access parent, it would ensure that they were still supporting their child to the degree they are capable of, or were secretly really earning. That person would have great incentive to get a proper job, or possibly prove their true income.

In a primary access full CS situation with the employed parent as the majority access parent, it would only affect s7 calculations.

It would affect s7 calculations in all categories.

In a spousal support situation, imputing an income reduces the likelihood that the earning person would have to support the unemployed person.

If one parent really is unemployed or underemployed, I think imputing is more challenging and certainly not a magic solution. It's okay for offset CS or SS, because it just reduces the amount the employed parent has to pay. But it's hard to get money that isn't there in the case of a unemployed payer, or for s7 expenses.

In the case of concealing income, it's great to impute income. I think it should be the first step in any court action. Instead of messing about for months and more trying to get financial disclosure and delaying things, just say "Okay, we're imputing an income of X to you, the average salary for someone of your skill-set working full-time, and we'll retroactively adjust when you get around to the disclosure." Then see how quickly financial disclosure happens!
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Old 05-23-2017, 12:55 PM
Canadaguy Canadaguy is offline
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Curious to see your 3x case law studies, do share!
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Old 05-25-2017, 07:51 PM
movingON1975 movingON1975 is offline
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I was able to have an income of $20,000 imputed on the recipient. its sole custody, but that amount is applied to S7 payment ratios.

The basis was on her chronic under/unemployment. Oh, and her saying during a deposition that she "shouldn't have to work" lol.
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Old 05-25-2017, 10:17 PM
trinton trinton is offline
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I would ask for impute full-time minimum wage income. other party won't have a leg to stand on unless they are handicapped or have other disbility. Ask for job search efforts and save all job postings found on Tim Hortons and McDonald's restuarant websites.

here is case law of income imputed to mother in shared custody.

my lawyer also has a case where he imputed income to the mother but that case law will need to be sent to you via PM

Last edited by trinton; 05-25-2017 at 10:45 PM.
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