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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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  #11  
Old 05-22-2019, 10:14 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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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.
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  #12  
Old 05-23-2019, 06:20 AM
Mom 2 Two Mom 2 Two is offline
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Do you have any more conferences coming up?
I would definitely get a judges opinion about a summary judgement.

And no way should you be imputed income if you have never made more than 40k. How can you afford to pay support off of 60k if you only make 40k and have your kids half the time. What about other Section 7ís ?? What if they as for money for that too??

My situation is my ex stopped paying Section 7ís when itís already clear in our separation agreement that is 5+ years old what he is supposed to pay for. And he did pay for them for the first 3.5 years. He stopped paying because he moved. Still has same job/pay and that is not a material change. So my lawyer thinks there is not a triable issue there and keeps saying we will ask for a summary judgement.

If your giving all the facts and all those people say not to impute yourself income I think you qualify for it as well. Summary judgement. Just my opinion though.


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  #13  
Old 05-23-2019, 09:11 AM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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[QUOTE=Mom 2 Two;235760]Do you have any more conferences coming up?
I would definitely get a judges opinion about a summary judgement.

And no way should you be imputed income if you have never made more than 40k. How can you afford to pay support off of 60k if you only make 40k and have your kids half the time. What about other Section 7ís ?? What if they as for money for that too??

My situation is my ex stopped paying Section 7ís when itís already clear in our separation agreement that is 5+ years old what he is supposed to pay for. And he did pay for them for the first 3.5 years. He stopped paying because he moved. Still has same job/pay and that is not a material change. So my lawyer thinks there is not a triable issue there and keeps saying we will ask for a summary judgement.

If your giving all the facts and all those people say not to impute yourself income I think you qualify for it as well. Summary judgement. Just my opinion though.


We have a 3rd settlement conference coming up soon. Essentially just to say mediation didn't work and set a date for trial.

Thank you so much for taking the time to respond. I really appreciate it. Lots of useful information I wasn't aware of.

Re: your situation...doesn't seem like your ex has all their ducks in a row. They can't just make a unilateral decision to stop paying S7's. Wow. These people. I hope all works out for you. Keep in touch. I will let you all know how it goes. Good luck!
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  #14  
Old 05-23-2019, 09:14 AM
rockscan rockscan is offline
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Out of curiosity, why does your ex think you can make more? Have they presented any evidence? Are you self employed? It seems like a big jump and a pretty big fight for them to think you could make more to push it this far.
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  #15  
Old 05-23-2019, 09:26 AM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
Originally Posted by rockscan View Post
Out of curiosity, why does your ex think you can make more? Have they presented any evidence? Are you self employed? It seems like a big jump and a pretty big fight for them to think you could make more to push it this far.
Because I work in I.T. ex thinks I should make more. Brought job postings from employment websites for jobs I am not qualified for. Judge said bringing job postings does not constitute my being imputed. I currently do software training which is a branch of I.T. Ex says according to my resume I could be working in a different branch of I.T. that would pay more. Thing is, the jobs ex is claiming I should be doing I can't actually do as I don't have the qualifications. I have a Job Skills contact and she said the jobs she would send me to have an average salary of $45k-$55k.
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  #16  
Old 05-23-2019, 12:37 PM
Mom 2 Two Mom 2 Two is offline
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Quote:
Originally Posted by AlmostThere_Hopefully View Post
Because I work in I.T. ex thinks I should make more. Brought job postings from employment websites for jobs I am not qualified for. Judge said bringing job postings does not constitute my being imputed. I currently do software training which is a branch of I.T. Ex says according to my resume I could be working in a different branch of I.T. that would pay more. Thing is, the jobs ex is claiming I should be doing I can't actually do as I don't have the qualifications. I have a Job Skills contact and she said the jobs she would send me to have an average salary of $45k-$55k.


I would stay the course. Donít offer up an imputation of income. My ex purposely dropped his income by reducing his hours... after 8 years of making the same money. I was told too bad. And itís not enough to fight over. He totally did it on purpose so child support will be lowered. And he still makes more than me. Go with your gut. You sound more than fair. Your ex should have took the offer with 20k more. Greedy people should lose for sure.


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  #17  
Old 05-23-2019, 02:11 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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[QUOTE=Mom 2 Two;235806]I would stay the course. Donít offer up an imputation of income. My ex purposely dropped his income by reducing his hours... after 8 years of making the same money. I was told too bad. And itís not enough to fight over. He totally did it on purpose so child support will be lowered. And he still makes more than me. Go with your gut. You sound more than fair. Your ex should have took the offer with 20k more. Greedy people should lose for sure.


Thanks for the advice
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