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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-28-2011, 07:34 PM
globalpilot76 globalpilot76 is offline
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Default Full time to Part time - imputing income

In this process...it appears my STBX is going to make a go for SS...even though I don't believe she has a case for entitlement.

She is an RN with 25yrs experience and has been full time for 19 of those years ...then went to appx 3/4 time...and then last year was forced by her alcoholism to take about 9 months leave...
After a successful rehab this last spring, she has returned to work on a partime basis...
This is her choice, she has not been limited by her employer...but works in a nice cozy clinic...days only...no weekends and doesn't wish to take up shifts in other areas (despite the availability of plenty of shifts...as she has many years in ICU/CCU)

I consider this to be voluntary under-employment and think that court expects each parent to contribute to the best of their ability..

Part-time, she'll make about 45-55/yr working about 23hrs /wk...
I make about 110-120/yr working full time..

I think she's more than capable of earning at least 75-80/yr working more like 36-40hrs/wk....

Any thoughts....experiences in imputing income for highly qualified, voluntarily under-employed part-timers..?
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Old 10-28-2011, 10:25 PM
BeenThereTwice BeenThereTwice is offline
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Any children?
Any child support?
Can make a big difference.

I think you should begin preparing your arguements to impute income to her at full time RN rates, and (as a back stop) at 3/4 rates. And I think you should read some of the stuff here at this forum and online (google SSAG) about how spousal support is calculated.

Then I think you should visit a lawyer who has the DivorceMate SS calculation software and have him run the numbers for you to see what's reasonable.

I think you likely SHOULD be paying some spousal support, but I doubt it will be at nearly the amount your ex will go to court for. She WILL be expected to be self sufficient to maximum extent possible, and that means full time.

If there is a 30K/year difference between what you actually make, and what she SHOULD make, then you'll likely end up paying something. Use www.mysupportcalulator.ca to estimate it. Not a perfect calculation, but should be close enough to get an idea what you are in for,.

Biggest issue will be to get the court to impute income. Be prepared to back your request to impute income with LOTS of arguements and facts and evidence.
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Old 10-29-2011, 07:49 PM
globalpilot76 globalpilot76 is offline
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2 children , aged 7 and 15.
No child support awarded nor sought after as of yet.
Earlier motion of an Emergency Nature for exclusive possession and custody - denied
Currently in mediation but I have reason to believe she will not continue with mediation and move back towards lawyers and courts....
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Old 10-29-2011, 07:53 PM
globalpilot76 globalpilot76 is offline
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There is no shortage of work shifts available and she has no handicaps or impediments to her ability to work.

I can see the internal postings as well as external postings at the hospital she works at....and there are many....just not in the wards she would like to be in.

When I do a quicky calculation....it shows I maybe liable for anything from 0 - 700 month depending on the custody arrangements (yet to be settled)
I am hoping for 50/50...I see no reason as to anything otherwise.
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Old 10-29-2011, 07:54 PM
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Thanks for the link....
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Old 10-29-2011, 07:57 PM
BeenThereTwice BeenThereTwice is offline
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Mediation will not likely work unless both parties are truely ready to negotiate a fair and balanced solution. So if either party is blocking such a soliution at mediation then mediation will only contnue until one party gives up and returns to the court process. Either party is free to do so at any time.
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Old 10-29-2011, 08:01 PM
BeenThereTwice BeenThereTwice is offline
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You may need to accept that court might be sympathetic to ex about part time work while your youngest child is still just 7. I know that the child is already in school, and that this DOES provide the means to work a full time job. However nursing may require shift work. Court may take view that 23 hours of work/week is reasonable while youngest is still so young.
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Old 10-29-2011, 08:19 PM
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mcdreamy mcdreamy is offline
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Last time I checked, alcoholism is a disease. Of course she has handicaps and impediments! She`s an alcoholic. and you were there for her rehab.

I think you`ll have a very hard time imputing a full time income to her.
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Old 10-29-2011, 08:36 PM
BeenThereTwice BeenThereTwice is offline
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Good point. Though hard to imagine her arguing for custody while saying "(hiccup) I need a drink too often".

Seriously though I do agree with you. I think OP should be focused on 3/4 full income in his thinking.. so perhaps more like 30 hours a week.. not the 40 he hopes for, or the 23 she currently works.

However, she does have an arguement that 23 hours a week is just right doesn't she.. with a 7 years old to get to/from school.. and her own recovery happening as well. It won't be a slam dunk to impute a higher income here.
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Old 10-29-2011, 08:52 PM
BeenThereTwice BeenThereTwice is offline
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Default Have you looked at CANLII ??

For imputing income it might be helpful, if you understand case law and are willing to spend some time reading, to look at CANLII at CanLII

For example, consider the following case, which also deals with what appears to be voluntary underemployment by custodial parent:
Baker v_ Baker, 2005 CanLII 44409 (ON S_C_)

Anyone know of any better cases for this thread?
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