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  • #31
    Has she filed anything in court?


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    • #32
      Just demand letters.. heading into mediation but with threats from their side "its pointless". We have a good lawyer, but this site is a good gut check on where this could head.

      we now have disclosed-- I have pay stub from job and a few monster job applications.
      Last edited by arbortrail22; 02-04-2021, 06:19 PM. Reason: more info

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      • #33
        I would push back that shes capable of working and use all the job descriptions you can find. Especially since she had a job paying $65k


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        • #34
          Originally posted by rockscan View Post
          No it was a motion for disclosure to gather documents to prove his underemployment/unemployment.
          Requesting disclosure is helping the other side prove their case. The onus is on them to show evidence of efforts. Available jobs, their resume, etc are a part of your own research, used for the last step to show the amount they should be imputed.

          Originally posted by arbortrail22 View Post
          Of the 7 years since separation, the ex has only worked 18 months at $65K ... Funny is that with an imputed income of 65k the ex would actually owe me in arrears.
          Oh to dream. To be clear, imputing the unemployed is to reduce your support payments. You may want to start at full-time minimum wage and see how much you can reasonably go up from there.

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          • #35
            Originally posted by StillPaying View Post
            Requesting disclosure is helping the other side prove their case. The onus is on them to show evidence of efforts. Available jobs, their resume, etc are a part of your own research, used for the last step to show the amount they should be imputed.
            This doesn’t make sense. His ex was arguing he was purposely underemployed and filed a motion for disclosure to see if he had been making an effort. He provided a response to the motion and stated that she did not prove her claim he was underemployed but to close the matter he provided hundreds of pages of applications. The judge accepted that, told her drygala was the bar and she had failed to argue successfully he was underemployed and therefore not entitled to any of the disclosure she had motioned for.


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            • #36
              Originally posted by rockscan View Post
              This doesn�t make sense. His ex was arguing he was purposely underemployed and filed a motion for disclosure to see if he had been making an effort.
              This was a motion for disclosure, not trial to impute. Ex failed to show the disclosure was necessary or that your husband was underemployed. Disclosure and imputing are really two separate issues.

              but to close the matter he provided hundreds of pages of applications. The judge accepted that, told her drygala was the bar and she had failed to argue successfully he was underemployed and therefore not entitled to any of the disclosure she had motioned for.
              Was he applying to hundreds of jobs because he should have been making more? This wouldn't close the matter, even with the judge's comments. Ex decided not to pursue it, but that's different.

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              • #37
                Originally posted by StillPaying View Post
                Was he applying to hundreds of jobs because he should have been making more? This wouldn't close the matter, even with the judge's comments. Ex decided not to pursue it, but that's different.
                No he had been unemployed for two years and she claimed he was purposely unemployed. Over two years he applied to a large number of jobs across many different areas including part time retail work. He provided the disclosure to shut her up. She didn’t pursue it because she lost and had to pay costs.


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                • #38
                  So if the other party is applying to roles, but no interviews and not working, imputed income would be difficult? Just trying to follow the other thread!

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                  • #39
                    Originally posted by arbortrail22 View Post
                    So if the other party is applying to roles, but no interviews and not working, imputed income would be difficult? Just trying to follow the other thread!

                    Are they applying to roles that they qualify for? I would think a full-time minimum wage amount would be expected? I think that's around $25-30,000.

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                    • #40
                      Originally posted by rockscan View Post
                      No he had been unemployed for two years and she claimed he was purposely unemployed. Over two years he applied to a large number of jobs across many different areas including part time retail work. He provided the disclosure to shut her up. She didn�t pursue it because she lost and had to pay costs.
                      Ex lost a disclosure request. Nothing to do with imputation. You didn't have trial, witnesses, cross examination, etc. Linking your experience to imputation doesn't mesh.
                      Sorry, but I would have imputed him for sure, even though the poor bloke was only subconsciously unemployment.

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                      • #41
                        Originally posted by StillPaying View Post
                        Ex lost a disclosure request. Nothing to do with imputation. You didn't have trial, witnesses, cross examination, etc. Linking your experience to imputation doesn't mesh.
                        Sorry, but I would have imputed him for sure, even though the poor bloke was only subconsciously unemployment.

                        Oh for the love of god. This isn’t a competition. You were successful at TRIAL which many people don’t get to. The question was asking about how to have income imputed and I was pointing out a) what a judge in superior court said about a case the bench follows for imputation and b) how that came about. His case is not a review like yours was. His ex is asking for more support and claiming arrears because she isn’t working. They are headed to mediation and he has a lawyer. This is simply a broad question on the topic if imputation. All information provided was right and gives him food for thought on the way to do it and how it is measured. Just because you were successful in your case does not mean everyone will have the same success or go through the same thing as you.


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                        • #42
                          Originally posted by rockscan View Post
                          Oh for the love of god. This isn�t a competition. You were successful at TRIAL which many people don�t get to. ...Just because you were successful in your case does not mean everyone will have the same success or go through the same thing as you.
                          Not everyone goes through trial, not everyone gets imputed, but if you have no experience and are speaking in tongue, for the benefit of future observers, it is wrong. It's OK to step back a bit and let experience speak over your thoughts, but continuously providing wrong info is a help to noone.


                          The question was asking about how to have income imputed
                          You go to trial. Showing a bunch of job applications will not work!
                          Last edited by StillPaying; 02-05-2021, 02:30 PM.

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