Child Support and Imputed Income

Updated on July 30, 2012
B.D. asks from Wichita, KS
10 answers

Has anyone had their income or the other parents income imputed for child support? Basically the father of my oldest has a Masters degree and 2 Bachelors degrees (in business). Yet he works part time teaching dance lessons. He was working that job to "get by" while looking for another job when I got pregnant. The minute he found out he was going to be paying child support he stopped looking for anything else and decided to keep his easy low-paying job. Now he's found a rich girlfriend that pays his housing. I think that this is unfair, based on his schooling he should at least be working full time and making more than what he's making now. He also doesn't claim alot of what he makes, since he's paid directly by customers. Should I mention this in my child support modification? Does it make a difference? I'm not trying to nickel and dime him. But we pay over $1k for her health insurance and daycare costs alone - not including food, clothing, etc. He currently pays $50/week and half of her medical bills.

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R.J.

answers from Seattle on

Not yet, but I strongly suspect I will be. It's something my attorney is already prepping for. My ex HAS the tax records to show that he is capable of earning xyz, which would help in theory. In practice? I don't know.

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C.B.

answers from San Francisco on

I would definitely bring it up in your child support modification. The court should force him to look for work in his field of study and if he refuses, they should base child support on the amount of money he WOULD be making and then he can just run a tab for arrears. If they do that, you'll get whatever he pays you monthly, and then get a big chunk towards arrears at income tax time. Well, hopefull that'll be the way it works. But I've always said, the law is strange; not logical; sometimes crazy.

What a jerk!

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J.W.

answers from Houston on

My ex paid was ordered to pay $200 per child, reimburse me forthe insurance and pay half of uninsured medical in the late 80's. He chose to pay nothing. Everytime we found him we went to court the state would compromise with him reducing the amount he owed.

My kids found him panhandling so they indroduced hmself to him. He expected them to buy him a pair of shoes. They asked him where he was when they needed shoes, growing up?

If they do not want to pay they do not have to because there are ways around the system like working for cash and not reporting income. After a while I stopped trying to keep up with where he was and who he was with and moved on with my life.

Good luck to you. I pray that things turn out better for you.

We were married for 17 years and attended college together.

2 moms found this helpful

K.B.

answers from Augusta on

I would bring it up. My ex pays child support and he has a well paying job.

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J.G.

answers from New York on

Yes!! Mention all of this in your request for child support modification. Laws are different in every state ... but I know in NJ judges can impute income if a parent is not earning up to his/her potential. Good luck.

2 moms found this helpful

F.H.

answers from Phoenix on

Some men are such buttheads, aren't they? I too have an ex that tries to get away with paying the minimum. I would ask the courts to get a copy of his taxes. If you are divorced, it may be a requirement in your divorce degree that you have to exchange this info. Otherwise, there isnt really anything you can do. I hope you find something that will help. Good luck.

2 moms found this helpful

J.E.

answers from Minneapolis on

My ex has a bachelors and a masters and now a law enforcement certification. Because of his education, I could have requested potential for income. At the time of the divoce he didn't have a job. The court would automatically have accessed him at minimum wage + 1/2 because of his potential to earn.
It's worth a try to get additional money since it is his choice and his attempt to get out of supporting his child.
Good luck!

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G.H.

answers from Chicago on

Anything is possible, it really depends on who's side the Judge is on. Best wishes.

1 mom found this helpful
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A.H.

answers from Canton on

Unfortunately, it only goes by his current income not what his potential income could be. My oldest daughter's Dad chooses to work part-time making minimum wage so he only has to pay $50 a week.

1 mom found this helpful
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A.S.

answers from Springfield on

I know in MO I had a friend and his was set on what he had the potential to make...not what he was making at the time. Even after years at a lower-paying job (not his choice, the economy) they would not lower his payments.

1 mom found this helpful
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