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CS on min wage

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What is the name of your state (only U.S. law)? GA

In GA, when they 'impute' income on minimum wage based on unemployment- does this apply at the GA state min wage of $5.15 an hour or do they based in on Fed min wage of $7.25 an hour?

We have recently finished an emergency hearing where I've obtained emergency temporary custody.

I have a couple more questions but they are different and one will go in another section if that's ok? Thank you.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? GA

In GA, when they 'impute' income on minimum wage based on unemployment- does this apply at the GA state min wage of $5.15 an hour or do they based in on Fed min wage of $7.25 an hour?

We have recently finished an emergency hearing where I've obtained emergency temporary custody.

I have a couple more questions but they are different and one will go in another section if that's ok? Thank you.
Please keep your related questions in a single thread.

Is the person covered by the FLSA?
 

Zigner

Senior Member, Non-Attorney
I thought that no state can have a minimum wage lower than the federal one.
If the employee is not covered by the FLSA, then the state's minimum wage will apply. I don't think there are too many employees that won't be covered, but I suppose it's possible.
 
Not sure exactly how I would know if they were covered by FLSA?

She had previous employment (decent also at a hospital) but has been unemployed since last year- I believe they were fired after drug testing.


"If the employee is not covered by the FLSA, then the state's minimum wage will apply. I don't think there are too many employees that won't be covered, but I suppose it's possible. "
 

Zigner

Senior Member, Non-Attorney
Not sure exactly how I would know if they were covered by FLSA?

She had previous employment (decent also at a hospital) but has been unemployed since last year- I believe they were fired after drug testing.


"If the employee is not covered by the FLSA, then the state's minimum wage will apply. I don't think there are too many employees that won't be covered, but I suppose it's possible. "
I would expect the federal minimum wage to be used - but I would also expect that she would be imputed an even higher income, based on her previous employment.

Who are you in this situation?
 
I would expect the federal minimum wage to be used - but I would also expect that she would be imputed an even higher income, based on her previous employment.

Who are you in this situation?
I was the NCP-now obviously I'm CP. Well, eventually that may be the case for final hearing- but for now, if we apply for based on previous salary when we're saying they are incapable of providing and our 'down and out' the attorney thought it would be contradictory at this point and suggested just attaching as min wage right now. THey just hadn't advised there were two diff ones that could apply and I wasn't sure what was typically used.

Obviously the amount of CS may change after discovery and for final hearing though. Their previous employment prior 3-4 years has been good...of course they could argue their drug use or reasons for being fired will prevent from every making that salary again.
 

Zigner

Senior Member, Non-Attorney
I was the NCP-now obviously I'm CP. Well, eventually that may be the case for final hearing- but for now, if we apply for based on previous salary when we're saying they are incapable of providing and our 'down and out' the attorney thought it would be contradictory at this point and suggested just attaching as min wage right now. THey just hadn't advised there were two diff ones that could apply and I wasn't sure what was typically used.

Obviously the amount of CS may change after discovery and for final hearing though. Their previous employment prior 3-4 years has been good...of course they could argue their drug use or reasons for being fired will prevent from every making that salary again.
These are things to discuss with your attorney. We can't (won't) second-guess him.
 

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