Imputed Income

[JerseyDevil]

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

If my ex husband quit his job over a year ago, and works at a internet work-at-home business now making less then half of what he made at his other job, can his income be imputed to what he made at the other job or close to it?

 

[CSO286]

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

If my ex husband quit his job over a year ago, and works at a internet work-at-home business now making less then half of what he made at his other job, can his income be imputed to what he made at the other job or close to it?

It could. The judge has that degree of discretion.

 

[Silverplum]

Is there an existing CS order at his old income?

 

[JerseyDevil]

Is there an existing CS order at his old income?

Yes, but right now it is in the middle of going through re-evaluation at his request for a reduction. I didn't know if I could ask for his income to be imputed at this point or not.

 

[CSO286]

Yes, but right now it is in the middle of going through re-evaluation at his request for a reduction. I didn't know if I could ask for his income to be imputed at this point or not.

You can always ask.

 

[Silverplum]

Yes, but right now it is in the middle of going through re-evaluation at his request for a reduction. I didn't know if I could ask for his income to be imputed at this point or not.

Yes, IMHO, because he chose to become under-employed AFTER being assigned a "value" for CS purposes.

*NOTE* I have NOT checked NJ CS statutes. That's up to the OP today.

 

[Just Blue]

Yes, IMHO, because he chose to become under-employed AFTER being assigned a "value" for CS purposes.

*NOTE* I have NOT checked NJ CS statutes. That's up to the OP today.

Curious. OP list her profession as "paralegal" and yet has to ask for free advice. One would think that an attorney at OP place of work or...GASP!!...OP herself would have the resources to look up this answer.

 

[Silverplum]

Curious. OP list her profession as "paralegal" and yet has to ask for free advice. One would think that an attorney at OP place of work or...GASP!!...OP herself would have the resources to look up this answer.

I see the questioner is also the advisor:
https://forum.freeadvice.com/child-custody-visitation-37/trapped-558818-p2.html

And elsewhere, I see.

 

[Free_Advice]

Yes, IMHO, because he chose to become under-employed AFTER being assigned a "value" for CS purposes.

*NOTE* I have NOT checked NJ CS statutes. That's up to the OP today.

I agree ... its earning potential ... not strictly just earnings

 

[JerseyDevil]

Curious. OP list her profession as "paralegal" and yet has to ask for free advice. One would think that an attorney at OP place of work or...GASP!!...OP herself would have the resources to look up this answer.

Because we do corporate law, not family law at my firm. I know only the things I've already experienced in my own divorce about family law, and something new comes around the corner all the time. I'm here asking for advice from people who may have been in my similar situation, as well as searching the internet for information on it.

 

[Just Blue]

Because we do corporate law, not family law at my firm. I know only the things I've already experienced in my own divorce about family law, and something new comes around the corner all the time. I'm here asking for advice from people who may have been in my similar situation, as well as searching the internet for information on it.

Then you should STOP advising others on the Family Law Forum. Unless you are ready to back up your "advice" with State Stat's (per the OP's state) and or case law.

 

[JerseyDevil]

Then you should STOP advising others on the Family Law Forum. Unless you are ready to back up your "advice" with State Stat's (per the OP's state) and or case law.

I haven't seen anyone backing up anything with state stats on whatever they are advising... all I've seen is some advice from people, and the occasional bashing of the original posters.

 

[Silverplum]

I haven't seen anyone backing up anything with state stats on whatever they are advising... all I've seen is some advice from people, and the occasional bashing of the original posters.

Indeed?

...

 

[JerseyDevil]

I agree ... its earning potential ... not strictly just earnings

I will continue to search through the civil laws, and will bring it up at the next hearing. Thank you.

 

[Silverplum]

I will continue to search through the civil laws, and will bring it up at the next hearing. Thank you.

You're welcome!