How does imputing work?

[the walrus]

What is the name of your state? NY

I'm asking for my wifes brother who is a clothing designer. He divorced in NY many years ago, and has kids in their teens. He and his 2nd wife and kids have lived in WI for about 8 years. His company recently closed and he finally had to take a job for a bit less because most clothing manufacturers in WI are gone..

His ex says she will have CS set based on what he COULD make - in NY. She said that she could use labor statistics and have CS based on what he could make there, which is in the high 60s. He checked and the same source shows that income for his profession is about 30,000 a year LESS in WI and that there are not even more than 100 jobs there for him. So he feels this shows he's lucky to even HAVE a job. He's 50 and will pay CS for several more years.

How would a judge look at this? Can they charge him CS on a salary that is totally unrealistic for his part of the country after he's been living there so long? He is NOT underpaid, based on his state's statistics.

 

[LdiJ]

What is the name of your state? NY

I'm asking for my wifes brother who is a clothing designer. He divorced in NY many years ago, and has kids in their teens. He and his 2nd wife and kids have lived in WI for about 8 years. His company recently closed and he finally had to take a job for a bit less because most clothing manufacturers in WI are gone..

His ex says she will have CS set based on what he COULD make - in NY. She said that she could use labor statistics and have CS based on what he could make there, which is in the high 60s. He checked and the same source shows that income for his profession is about 30,000 a year LESS in WI and that there are not even more than 100 jobs there for him. So he feels this shows he's lucky to even HAVE a job. He's 50 and will pay CS for several more years.

How would a judge look at this? Can they charge him CS on a salary that is totally unrealistic for his part of the country after he's been living there so long? He is NOT underpaid, based on his state's statistics.

She is blowing smoke. A judge is not going to base his child support on what someone in a similar job could make in another part of the country. Particularly since he has lived in WI for 8 years. If he had just moved there recently and accepted half the salary he had been making where he lived previously, she might have a chance, but not under these circumstances.