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Next Step- Contempt or Motion to Impute?

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  • Next Step- Contempt or Motion to Impute?

    All matters are settled in our case except child support.

    Ex has been claiming to be “unemployed” for over a year now with nothing to back this claim up. At our SC last month I asked for an order for him to disclose some very specific info including bank statements and info on places of employment that I know he was actually working at last year (I listed them by name). Judge granted the order, gave ex 30 days to disclose.

    Ex has until next week to disclose. I suspect he either will not disclose at all, or will maybe disclose some random useless bits of information so he can delay further.

    I have searched this forum and it would seem the next step would be a motion for contempt or just push to trial.

    HOWEVER.... I have very good evidence of his current employment as well as last year. I also have his income tax returns from ‘15, ‘16 and ‘17 which he provided at our first CC last year. Although all 3 show around the same income ($25-30,000) they also show multiple places of employment and periods where he collected EI (he job jumps and gets fired a lot) He is capable of making $25-$30 an hour but usually gets fired after 4-6 months, and will be unemployed for a month or two, and also works for cash a lot. Realistically he is capable of making around $50,000/year- was employed in a construction/road building union while we were together, and became employed as a Hydro One linesman shortly after we separated.

    With all of this info, would it not be better for me to just file for a motion to impute income? I really don’t need the info the judge ordered him to disclose as I have enough evidence of my own (although it would make my task marginally easier) And would it be smart for me to ask for an impute around the $50 mark as I can prove he is capable of making that? Or should I play it safe and stick to what his 3 years of income tax returns show what he made?

  • #2
    From my experience, the judge will most likely impute according to his most recent pay stub and what that would amount to for the whole year. However, if there isn't a recent pay stub then it will be imputed according to the $25-30k he has consistently made in the last 3 years.

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    • #3
      Even if there is substantial documented proof that he makes more??

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      • #4
        Wait the 30 days and see what he has come up with and then decide.

        On one hand it would be nice for you for future litigation if you were able to show he is dishonest with regard to reporting income. That is something that will haunt him for many years to come. The judge approved an order for him to produce bank statements (not everyone is successful in receiving such an Order). On the other hand, I do not know how much of a difference the 20k of income, that you allege he is not reporting, impacts the amount he is supposed to pay.

        People generally don't change their habits. If he has a history of not declaring income in the past he will likely continue to do so. Your decision is if you want to do something about it now or later. If you opt to do it later you will have to start over and you may or may not be successful in obtaining the Order for him to provide bank statements.

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        • #5
          Originally posted by arabian View Post
          On the other hand, I do not know how much of a difference the 20k of income, that you allege he is not reporting, impacts the amount he is supposed to pay.

          Unfortunately he is not even paying guideline based on 25-30,000 right now. He wasn’t paying anything for a year and a half, and after many delays on his part we finally got to our first CC where he signed a consent order (aka the judge basically forced him) to start paying $150/month. Which I’m pretty sure is even less than minimum wage guideline. So that’s been in place for 5 months now. Getting income imputed where it SHOULD be (and hopefully getting an order for proportional summer care expenses as well) would be a massive burden off my shoulders.

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