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How Much Income Should Be Imputed?

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  • #16
    Originally posted by Selfrepmom View Post
    Yes all vehicles are registered in gf’s name. The home they live in was hers from a previous marriage so only in her name as well. And it is her phone number all over his business website for the contact number.



    Would it be overkill to throw in info/social media pics of them on their semi-annual all inclusive Caribbean vacations, the 5 bed 3 bath, $700,000 home they live in, their elaborate March break vacays with her 4 kids from her previous marriage etc?


    My mans ex did this. It was blasted by the judge. BUT she was claiming his lifestyle was not supported by his income and the photos she used were after he started working again and was up front about his new income and tried to update. Regardless the judge said he wasn’t claiming hardship so none of that was relevant. His gf could pay for the trips. Its how he is representing his income in other things. Like loan applications, credit applications etc. You have an order for disclosure though which he has not complied with. You also have proof he was earning money he didn’t report. Those are your biggest wins. If he refuses to provide the info you know about then that is the part that goes in your favour. Don’t get into the weeds on the rest. It will just confuse the judge.

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    • #17
      Originally posted by rockscan View Post
      My mans ex did this. It was blasted by the judge. BUT she was claiming his lifestyle was not supported by his income and the photos she used were after he started working again and was up front about his new income and tried to update. Regardless the judge said he wasn’t claiming hardship so none of that was relevant. His gf could pay for the trips. Its how he is representing his income in other things. Like loan applications, credit applications etc. You have an order for disclosure though which he has not complied with. You also have proof he was earning money he didn’t report. Those are your biggest wins. If he refuses to provide the info you know about then that is the part that goes in your favour. Don’t get into the weeds on the rest. It will just confuse the judge.
      Ya that’s what I was thinking.... I have enough documentation without throwing in the cheap shots that will just make me look bitter and jaded

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      • #18
        Remember its all based on fact. Does he pay for the vacations every year while claiming no income? Do you have proof? If the answers are I don’t know and No then its not fact.

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        • #19
          Originally posted by Selfrepmom View Post
          Would it make sense to file a motion for income to be imputed on an interim basis in order to get some s7 stuff taken care of and proper CS until trial?
          I would be pushing for trial which, depending on where you are, may be November. You already have an interim imputed income. Plus you're relying on evidence which would need to be cross examined. If they try to delay trial, then you might be able to get his income increase, maybe to min wage.

          My first time around, all the judges said my ex should be imputed but they all left her income at zero for the trial judge to decide the amount. This time around our trial management conference judge suspended spousal support and lowered my income/cs, no motion needed. We're both still asking for each other's incomes to be more, but that's left for trial.

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          • #20
            Originally posted by StillPaying View Post
            This time around our trial management conference judge suspended spousal support and lowered my income/cs, no motion needed.
            Lol it’s funny because family law rule/posts on this forum make it seem like you can only get consent orders at conferences. Basically every single “consent” order I’ve gotten up to this point actually has not been on consent at all. The judge- and my ex’s lawyer- know that he has no chance on winning the battles he’s fighting and basically tell him what the order is and to sign below.

            I will go ahead and book a TMC but I can see the ex attempting to delay trial. Luckily his lawyer is funded by legal aid so I am sure she will push him to settle before it gets that far

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            • #21
              They can order support and disclosure at conferences. Especially in cases like yours. If there is proof of SOME income they can order support. For your case, you also had proof he was withholding info so it was ordered.

              Most of agreements on consent at conferences are based on what could happen and the judge encourages settlement.

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              • #22
                Once you get a case management judge, you'll see a lot more orders be made at sc/tmc's without consent needed.

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                • #23
                  I just read your case, I just wanted to know what stage you are at now. Have you gone to trial? Has he disclosed income? If you read my case is with my daughter and her ex he too has been ordered to disclose income, bank statements, financial, loan application and so much more especially since he is self employed.
                  I would like to hear from you.

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                  • #24
                    Originally posted by Codename View Post
                    I just read your case, I just wanted to know what stage you are at now. Have you gone to trial? Has he disclosed income? If you read my case is with my daughter and her ex he too has been ordered to disclose income, bank statements, financial, loan application and so much more especially since he is self employed.
                    I would like to hear from you.
                    I recently filed for a motion to have income imputed, along with child support, arrears, and s7 expenses based off that imputation. I wanted to ask that it be made a final order but the lawyer I spoke to said there was a good chance that the judge won’t want to make a final order on a short motion, but will very likely make a temporary order of some sort (as it is blatantly obvious he is underpaying). She said once I have the temporary order, start pushing to trial for the final order.
                    The motion was set for the end of September. My ex showed but never bothered to file a response or a financial statement (as seems to be the case every time). The judge allowed an adjournment but gave my ex a stern talking to and told him he would be going ahead on this motion at the next scheduled date- whether he files material or not.
                    Lo and behold I was at the courthouse today to file my confirmation (motion is now set for next week) and the ex still hasn’t bothered to file anything.

                    I am cautiously optimistic that his almost 2 years of delaying and hindering the court process will finally begin catching up with him next week.

                    Comment


                    • #25
                      Originally posted by Codename View Post
                      I just read your case, I just wanted to know what stage you are at now. Have you gone to trial? Has he disclosed income? If you read my case is with my daughter and her ex he too has been ordered to disclose income, bank statements, financial, loan application and so much more especially since he is self employed.
                      I would like to hear from you.
                      My process so far has been:

                      -Filed for child support in the beginning of 2018
                      -x3 first appearances (kept getting adjourned because ex wasn’t filing financials)
                      - Case conference in December 2018. Judge forced ex to consent to a temporary order for CS (but he wouldn’t agree to anything substantial- the amount he is paying is actually less than it would be based off min wage
                      - Settlement Conference April 2019- ex was ordered to disclose a BUNCH of stuff
                      -I booked a Trial Management Conference for December 2019 (the waitlist for this was super long)
                      -Motion booked for next week
                      -If I don’t get a final order for everything next week (strong possibility) I will be attending the TMC in December
                      -After the TMC will be trial

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                      • #26
                        This is the situation with my daughters case. He was given a court order to produce all documentation time has gone by, the lawyer even extended an extra 10 days. We are now filing to Strike his motion and the incomplete financial statement that was filed with no documentation. I am not sure if you read this case but she also has a judgement against him for not paying her loan back. He has a warrant out in small claims court for not obeying the judge and appearing in court for not disclosing his financial statement. I want to tell you something that is so funny. I know this guy is self employed and works for other people and gets paid cash. I just found posting of the company that pays him cash with photo's of him working all the way back to 2017. Both of my lawyers laughed. The small claims lawyers is now putting a application in to call in the company. The family lawyer is using all of this information also in family law. I have faith in the justice system and one of my motos is the song,
                        "time is on my side, yes it is". Keep me posted

                        Comment

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