Having income imputed on you

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innocentbystander

New member
Hi there,
newbie here with tons of questions but the most relevant one is: Does anybody have any advice on how to defend yourself when your ex tries to impute income on you?
Tackling this matter for BF who's x makes more than $100,000. He lost his job, looked for 2 years for job while caring & paying for the 3 children 50/50, then had to sell house (bought with his share of mat home), invested money in business to be self-employed and works in that business since 2 years. Business is doing good but still start-up and doesn't earn too much yet. Last year's income below threshold. He has $0 savings left and we can just pay the bills. She wants $60,000 income imputed based on income he had 5 years ago and then only 2 1/2 years long. Rest of his work life was much lower paid job.
Kids live full tiem with her - uncontested because of his low income.
We are through CC, SC without any solution, now Motion for interim imputed income and resulting $1000 CS and Cross Motion from our side that she submits her financial info (hasn't done at all since case started)
Any take on how the judge will look at this?
Thx
 
A judge will consider that he has a responsibility to the child to earn to his potential income.

A judge will consider a business plan. If your bf went to a bank seeking a loan and presented a business plan showing that he would be taking a loss for 5 years, the bank wouldn't accept that as reasonable, and neither would a judge. *I realize your boyfriend isn't showing that severe a loss, I mean this as an example.* Your bf has a responsibility in this situation to put together a clear, professional business plan that shows in detail his expected revenue, expenses, and profit over the next 5 years, in order to show the judge that the venture is worthwhile.

A judge will consider what the employment prospects are in a given sector. If your bf had been seeking work for 2 years to no avail, he is responsible for detailing the results of his efforts. A list of companies in this sector within a reasonable distance, a list of his attempts to seek employment, a recent job search showing the results in this sector for his job experience and abilities. Your bf cannot just claim to a judge he can't get a job at $100k, he has to factually show it.

It will help if your bf is also able to show some other alternatives he considered. Employment in another field, going back to school, etc., and doing a cost/benefit comparison of the alternatives. He should show that the length of time for retraining and the availability of work, compared to the cost of education and the loss of virtually all income during that time would compare poorly to the business plan he presented at the top.

In short, think it through, do the accounting, do the job search, write it up clearly and effectively. The way to lose in a situation like this is to think "They have no business imputing an income to me" and then not doing the work to show it.
 
innocentbystander said:
Kids live full tiem with her - uncontested because of his low income.
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What on earth does that mean?

Are you saying that you didn't contest it because it is better for the kids to live with the higher earning parent, or because you could not afford to contest it?
 
Hi Mess,
thanks a lot for the valueable advice. We have covered the job search with Affidavit and list of applied jobs. (Not sure how you prove that you went to an interview when it's 4 years back and you don't even know anymore who you saw)
I have done the business plan multiple times, adjusted over the past 3 years
I like the comparison of situations (going back to school versus opening own business). I only mentioned that in his Affidavit quickly but will do a list.
Thanks, you gave me hope!
 
Hi Janus,
actually both. It was in the best interest of the kids to stay with mom because of his unsure financial situation (heck, he even had to move in with me because he couldn't afford his house anymore). Do you really want to fight for custody when you don't know how to pay the rent next month when there is nothing (well, not much) wrong with the mother other than she is greedy?? I think a judge would kick you out of court faster than you can say "hallelujah" :-)
 
. Do you really want to fight for custody when you don't know how to pay the rent next month when there is nothing (well, not much) wrong with the mother other than she is greedy?? I think a judge would kick you out of court faster than you can say "hallelujah" :-)
Click to expand...

Some Moms get custody because they don't know how to pay next months rent... Custody = Rent
 
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