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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 02-05-2007, 11:19 AM
serrona serrona is offline
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Default Imputing Income to spouse

My ex is a young woman who hates work. It's probably the biggest reason why we separated. Years of being with someone who wouldn't work despite the financial hardship we always faced was very stressful and I basically got fed up when we were on the verge of losing our car and home yet she still wouldn't even get a small partime job to try to get us out of trouble.

She is still unwilling to work and is on social assistance. I am wondering if it's possibe to ask the judge to impute income to her. Even if she worked doing some babysitting while our son is in school, she could earn at least $1000 per month. I think it's crazy for her to just say she can't work due to child rearing when our child is in school for 6.5 hours per day, 5 days per week.

I make about 30k per year and she actually wants me to support her and myself. It's just not possible but she insists that she's going to " take me for everything I've got" which is nothing!

I pay my child support and after that I am truly not left with enough to have any real quality of life. I can meet my basic needs every month but even that means living in a cheap apartment and driving a ten year old car that is in need of constant repair.

I'm getting very worried that she might succeed with her claim. If that happens, I don't know what I'll do.

Serrona
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Old 02-05-2007, 01:15 PM
seekinganswers seekinganswers is offline
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sounds familiar ...

You should be able to have an income imputed to her - it sounds like there is no reason at all that she couldn't work part-time hours, particularly if you are willing to care for your child during some of those hours.

Income was imputed to my SOs ex based on her working fulltime hours, even though she was only working 1 day per week.
When her lawyer tried to intervene, the judge spoke over her and said "$xx per hour, at 40 per week = XX" It was very clear that at least that one judge didn't approve of her excuses for being home (which sound to be the same as your exes)


I believe that the thought behind imputing income is basically "You are capable of earning this amount, if you choose not to do so, your ex will not be penalized, you will be"

And frankly, it sounds like she needs something to do outside the house anyway ... give her a little perspective on life, and less time to torture you!!!
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Old 02-05-2007, 02:05 PM
serrona serrona is offline
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no kidding! she has come up with some doozies let me tell ya! i'm pretty sure she would be a lot less miserable if she had something to do outside of raising our boy.

thanks for the input!
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Old 02-06-2007, 01:17 PM
dg_sch dg_sch is offline
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I have a question about imupting income and don't want to start another thread, so, at the risk of hijacking this one here's my question...
I was awarded CS for my 16yo who started living with me in Oct. Until we went to court, she refused to pay anything. She is no longer working claiming she was laid off when in fact she chose to be laid off instead of continuing to work at a lower pay rate (changes to day care workers requirements). She now says she's re-openeing the case because she's not working and no longer has to pay me. Seeing as she chose to be laid off, would the judge impute an income to her seeing as she is capable of working but chose not to?

Thanks and sorry if you find this thread was hijacked.
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Old 02-06-2007, 08:10 PM
serrona serrona is offline
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Yes I believe that may be the case. You will probably have to try to show some proof that she is intentionally unemployed. If she normally works and has for a while, then I think it's going to seem a little suspicious to the court that right around the time she was ordered to pay CS, she suddenly lost her job! Kinda obvious if you ask me!
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Old 02-07-2007, 09:06 AM
Denisem Denisem is offline
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Default 3 years

Support can be based on a three year average, so even if one is not working now, if they have worked over the past three years then a judge could use the three year average.
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Old 02-07-2007, 11:55 AM
myrivers myrivers is offline
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Default refuse to work

Serrona, we are in a similar situation where my Ex CL refused to work outside of the home. Living on 1 income is a challenge. Both couples working is a must hese days unless your Bill Gates.
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