Child Support Imputed Income Missouri

[sugarcane05]

I live in Missouri. Recently my ex husband and I went from a 60/40 (Me 60, him 40) schedule with my daughter to 50/50. We modified the schedule and are doing a new form 14. Recently my ex went from 40 hours a week to 16 hours a week so he can attend school. He lives with his wife who is an RN. I stay at home and go to school. My fiance supports me and I have a 9 month old with him. When my ex's attorney did a form 14 he didn't take into account my 10 month old and it asks for it. He used my imputed income from when I used to work and used my ex's current income which is about 1300.00 less than it was a couple months ago. So my questions are:

Should my son be included in the form, since there is a place to put the children that each parent has in their custody not included in the form? He doesn't have other chldren btw.

Also, I understand that imputed income should be used for me because I am cohabiting with another who is supporting me. However, shouldn't imputed income be used for him as well since he is cohabiting with someone is able to be underemployed because of this?

Thirdly, how should we calculate both our imputed incomes? We used what I was making monthly for mine prior to staying home with my son. With him, I think we should use what he was making monthly before voluntarily reducing his hours but I could be wrong. Can someone advise me on this?

 

[LdiJ]

I live in Missouri. Recently my ex husband and I went from a 60/40 (Me 60, him 40) schedule with my daughter to 50/50. We modified the schedule and are doing a new form 14. Recently my ex went from 40 hours a week to 16 hours a week so he can attend school. He lives with his wife who is an RN. I stay at home and go to school. My fiance supports me and I have a 9 month old with him. When my ex's attorney did a form 14 he didn't take into account my 10 month old and it asks for it. He used my imputed income from when I used to work and used my ex's current income which is about 1300.00 less than it was a couple months ago. So my questions are:

Should my son be included in the form, since there is a place to put the children that each parent has in their custody not included in the form? He doesn't have other chldren btw.

Also, I understand that imputed income should be used for me because I am cohabiting with another who is supporting me. However, shouldn't imputed income be used for him as well since he is cohabiting with someone is able to be underemployed because of this?

Thirdly, how should we calculate both our imputed incomes? We used what I was making monthly for mine prior to staying home with my son. With him, I think we should use what he was making monthly before voluntarily reducing his hours but I could be wrong. Can someone advise me on this?

Yes, your son should be included, and dad should also be imputed a full time income as well. If you do not have an attorney then you are going to have to work up a form 14 yourself and provide a copy of it with your response to his suit.

 

[sandyclaus]

I live in Missouri. Recently my ex husband and I went from a 60/40 (Me 60, him 40) schedule with my daughter to 50/50. We modified the schedule and are doing a new form 14. Recently my ex went from 40 hours a week to 16 hours a week so he can attend school. He lives with his wife who is an RN. I stay at home and go to school. My fiance supports me and I have a 9 month old with him. When my ex's attorney did a form 14 he didn't take into account my 10 month old and it asks for it. He used my imputed income from when I used to work and used my ex's current income which is about 1300.00 less than it was a couple months ago. So my questions are:

Should my son be included in the form, since there is a place to put the children that each parent has in their custody not included in the form? He doesn't have other chldren btw.

Also, I understand that imputed income should be used for me because I am cohabiting with another who is supporting me. However, shouldn't imputed income be used for him as well since he is cohabiting with someone is able to be underemployed because of this?

Thirdly, how should we calculate both our imputed incomes? We used what I was making monthly for mine prior to staying home with my son. With him, I think we should use what he was making monthly before voluntarily reducing his hours but I could be wrong. Can someone advise me on this?

Normally, I'd say yes that your son should be included on the Form 14. However, since you are voluntarily unemployed (staying at home and attending school), you actually aren't even contributing to your son's care. The point of including other children is to determine how much of your current income goes to support your other children. If you were actually paying support for your son, then that money would be factored into the calculation, but since you aren't, you don't get the benefit of trying to claim an offset or reduction for something for which you don't pay.

Yes, since the father is now voluntarily underemployed due to his decision to cut his work hours and return to school, he should also be imputed a wage equivalent to what he would normally be earning were he still working on a full-time schedule. His obligation doesn't get to be lowered just because he chooses no longer to earn what he is perfectly capable of earning.

As your imputed income was based upon your last monthly income when you chose to work, that shouldn't change. As stated, the father should still be imputed a wage for a 40-hour week based on his current pay rate.

Last, but certainly not least, why are you allowing your ex's attorney to prepare forms on your behalf? That attorney doesn't work for you nor are they obligated to fully advocate your interests here. Do you think it's coincidence that your ex's income wasn't imputed on his form? What you don't know CAN hurt you here. Do your own Form 14, or have an attorney of YOUR choice prepare that document on your behalf.

 

[I'mTheFather]

Normally, I'd say yes that your son should be included on the Form 14. However, since you are voluntarily unemployed (staying at home and attending school), you actually aren't even contributing to your son's care. The point of including other children is to determine how much of your current income goes to support your other children. If you were actually paying support for your son, then that money would be factored into the calculation, but since you aren't, you don't get the benefit of trying to claim an offset or reduction for something for which you don't pay.

Yes, since the father is now voluntarily underemployed due to his decision to cut his work hours and return to school, he should also be imputed a wage equivalent to what he would normally be earning were he still working on a full-time schedule. His obligation doesn't get to be lowered just because he chooses no longer to earn what he is perfectly capable of earning.

As your imputed income was based upon your last monthly income when you chose to work, that shouldn't change. As stated, the father should still be imputed a wage for a 40-hour week based on his current pay rate.

Last, but certainly not least, why are you allowing your ex's attorney to prepare forms on your behalf? That attorney doesn't work for you nor are they obligated to fully advocate your interests here. Do you think it's coincidence that your ex's income wasn't imputed on his form? What you don't know CAN hurt you here. Do your own Form 14, or have an attorney of YOUR choice prepare that document on your behalf.

Why do you think the bolded is true? Any cites to support it?

She isn't actually earning any money either, but she'll be imputed an income. Why shouldn't she get the credit?

 

[LdiJ]

Normally, I'd say yes that your son should be included on the Form 14. However, since you are voluntarily unemployed (staying at home and attending school), you actually aren't even contributing to your son's care. The point of including other children is to determine how much of your current income goes to support your other children. If you were actually paying support for your son, then that money would be factored into the calculation, but since you aren't, you don't get the benefit of trying to claim an offset or reduction for something for which you don't pay.

I disagree with this. If she is to be imputed an income as if she were working full time, then the expenses that would be incurred if she did work full time should be factored in...or she should be imputed a smaller income. Seriously, think about it? Lets imagine that she is the NCP. What you are basically saying is that if she is imputed income of 30k she should pay higher child support than if she was actually working and earning 30k. That is illogical.

Yes, since the father is now voluntarily underemployed due to his decision to cut his work hours and return to school, he should also be imputed a wage equivalent to what he would normally be earning were he still working on a full-time schedule. His obligation doesn't get to be lowered just because he chooses no longer to earn what he is perfectly capable of earning.

We agree there. However again, I don't think that dad should have to pay MORE child support based on an imputed income than he would have to pay if he actually EARNED that income.

As your imputed income was based upon your last monthly income when you chose to work, that shouldn't change. As stated, the father should still be imputed a wage for a 40-hour week based on his current pay rate.

Last, but certainly not least, why are you allowing your ex's attorney to prepare forms on your behalf? That attorney doesn't work for you nor are they obligated to fully advocate your interests here. Do you think it's coincidence that your ex's income wasn't imputed on his form? What you don't know CAN hurt you here. Do your own Form 14, or have an attorney of YOUR choice prepare that document on your behalf.

Mightily agree on that.

 

[sugarcane05]

Adjustment based on overnights

Ok, thank you for all the replies. My next question is there is an adjustment based on the overnights.

Number of Overnight Stays Percent of Support Adjustment
Less than 36 nights with dad 0%
36 to 72 nights with dad 6%
73 to 91 nights with dad 9%
92 to 109 nights with dad 10%

So he has her 182 overnights per year, so how do I determine the adjustment there? His attorney said 33%.

 

[LdiJ]

Ok, thank you for all the replies. My next question is there is an adjustment based on the overnights.

Number of Overnight Stays Percent of Support Adjustment
Less than 36 nights with dad 0%
36 to 72 nights with dad 6%
73 to 91 nights with dad 9%
92 to 109 nights with dad 10%

So he has her 182 overnights per year, so how do I determine the adjustment there? His attorney said 33%.

I am not sure that I understand what you are talking about...33% doesn't make sense if a schedule is 50/50...and both parents are imputed an income. What I think that you need to be doing is to either read the child support guideline instructions for form 14 yourself...3 or 4 times if necessary (or even more) to make sure that you understand how to do the calculations, or that you need to hire your own attorney.

 

[I'mTheFather]

I am not sure that I understand what you are talking about...33% doesn't make sense if a schedule is 50/50...and both parents are imputed an income. What I think that you need to be doing is to either read the child support guideline instructions for form 14 yourself...3 or 4 times if necessary (or even more) to make sure that you understand how to do the calculations, or that you need to hire your own attorney.

Judging by her posts, she has read the instructions. They allow for up to a 50% credit. Previously, the maximum was 34%. However, I can find no specific guidelines on which percentage is appropriate, just that it's at the court's discretion.

OP, I agree that you should hire your own attorney for this. The 33% may not be out of line, since he could ask for 50%; however, if I were you, I would want an attorney to make that call based on your situation and your incomes.

CJane will probably be more help if she sees this thread.

 

[sugarcane05]

Attorney

Honestly, I have read everything I can and this is why I'm exploring other people's experiences and knowledge on the subject.

Also, I can't afford an attorney. That's why I'm here.

 

[I'mTheFather]

Honestly, I have read everything I can and this is why I'm exploring other people's experiences and knowledge on the subject.

Also, I can't afford an attorney. That's why I'm here.

Unfortunately, it's unlikely that anyone has had the same experience you're having. The credit is based, in part, on each of your incomes and percentage of timeshare. Though others may have the same 50% timeshare, they probably don't have the same income ratio and other family factors. They probably didn't have the same judge either. Add to that his lawyer's use of his reduced income on the worksheet, it is in your best interests to consult an attorney.

 

[sugarcane05]

...

Based on what I've learned here, I'm seeing about a 100.00 decrease. Again, I can't afford an attorney like literally do not have the money to pay one. So, with that being said, I'm fine with a decrease. I am doing my own form 14 and submitting it to my ex and seeing what he and his attorney come back with. I am consulting a friend who is a paralegal in a custody law firm to ensure I am filling it out correctly and am armed with as much knowledge as possible to come back with a fair decision that is in the best interest of my little girl. Thank you.

 

[I'mTheFather]

Good luck. Check back tomorrow to see if CJane responds. She's well-versed on MO issues and may have more info.

 

[sugarcane05]

Thanks!

Good luck. Check back tomorrow to see if CJane responds. She's well-versed on MO issues and may have more info.

Awesome, thank you! will do. I will also update as it comes