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Can you impute an income upon yourself?

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  • Can you impute an income upon yourself?

    Here is a scenario:

    Parent #1 -
    Brief relationship resulted in pregnancy.
    Relationship ended before birth.
    Granted sole custody.
    Met new spouse in 2000.
    Married.
    Unemployed - SAHM for 7 years.
    College educated
    Estimated earning potential in field ($30,000 to $35,000)

    Parent #2 -
    Granted EOW and holiday access.
    Ordered to pay guideline child support.
    Exercised access sporadically.
    Ceased access in 2001.
    Unmarried/ remains single / no other children
    Employed full time.

    Ok, so the CP has been unemployed for many years, and her husband is the sole income earner in the household. He earns more than double that of the NCP.

    From what I understand, the CP cannot use $0 as an income, as that is not truly indicative of her financial situation. Although she does not personally earn the money.

    That being said, she cannot report her spouses income as her own...

    In order to fill out a proper Financial Statement, should the CP impute an income upon herself? If so... how do you go about doing that??
    Last edited by representingself; 09-24-2010, 11:22 AM. Reason: sp

  • #2
    I suppose you could add a line in there that says imputed income.

    But why not just put in zero and let the other side impute it? One thing that has been impressed on me in this meat grinder is to not give away anything. Let them ask.

    Comment


    • #3
      In the process of writing an offer to settle.

      So far, the CP's income has not been debated much, as the case is being delayed by the Respondent... and there is no current or outstanding claims for s7 expenses.

      Trying to determine how to split possible future section 7 expenses.

      Wanting to offer 50/50 split... but the SOL in the CP's home is higher than that of the NCP, and he will not agree to 50/50.

      He wants s7 expenses to be divided based on his income versus CP's household income... which would result in a much smaller contribution obligation.

      Cannot find case law or statutes that outline how s7 expenses are divided when one party is unemployed.

      Comment


      • #4
        You'll have to imput an income...but if there is an offer to settle on the table or will be shortly...(whose drawing it up? The CP or the NCP?) then offering to have an income inputted based on full time min wage hours would be more than fair. (assuming no college/university degree or significant job experience)

        If the NCP wants to contest it, let them, you made a reasonable offer, just because the CP remarried does not mean that the CP's hubby has any obligation to pay for a child that is not his. ESPECIALLY if the bio-parent is involved (however sporadically)

        Comment


        • #5
          It is the CP who is bringing forward the settlement offer.

          She has a college degree, which should yeild approximately $30,000 to $35,000 per year, if working full time, (which may be possible within the year).

          The NCP earns on average $31,000 to $33,000 per year... no post secondary education, but stable employment/ transferable skills.

          Considering the SOL in the CP's household is higher.... would the CP be viewed as "reasonable" if a 60/40 split was offered for s7 expenses?

          Or should 50/50 be the offer?

          Comment


          • #6
            SOL only comes into play if the NCP tries a hardship claim.

            If the CP knows she has marketable skills that could earn 30k, she could always be very generous and offer to impute and income at that level.

            If that's the case then 50-50 split of special expenses would be the "typical" norm if it went to court. You can offer pretty much anything you want there. Special expenses aren't as clear cut as cs is.

            Comment


            • #7
              On s. 7, I would base it at 50/50, reviewed each year based on income or earning potential.

              Comment

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