• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Imputed Income - Intentional Unemployment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

KansasDad

Junior Member
What is the name of your state (only U.S. law)? Kansas

About my ex:

-College graduate. Graduated in 2004. Has been gainfully employed since graduation and worked 1 or more jobs during college to pay the bills.

-Has worked at a job for over 5 years that paid about $45,000/year

-Has no disabilities


About our situation:

-We have a 50/50 custody arrangement with joint legal and residential.

-I wind up doing over 50% of the custody time.

-I pay her the full amount of child support ordered by the state and have never missed a payment.

-I already pay her for my contribution towards his health care as part of child support (which she no longer provides since it was through her old employer). I now ALSO pay for his health care in FULL through my employer, which works out to about 30-40% more a month in addition to the child support I already pay her.

-Ex got "fired"
---Emailed me that her department downsized.
---Posted on Facebook that she used to joke with her boss about what a horrible job she always did.
---Told her family it was partially because she showed up late every day.


What my ex has communicated to me in writing

-She has written that she has NO intention of reimbursing me for the substantial increase in health care costs that I pay in full. In fact, she messaged me that she expects me to start paying her A LOT more child support very soon.

-She posted on Facebook months before "getting fired" that she was planning to quit her job and go back to school full time.

-She wrote me that she has no intention of looking for a job (for at least 16 months---through the entire year of 2012).

-She wrote that she intends to have no income in 2012.

-She wrote me that she she is applying for unemployment and is in fact disputing the department of labors denial to grant her long term unemployment (i.e. through 2012)

-She wrote me that she is applying for food stamps.

-She plans to cash out her 401k and retirement funds and live off that as well as student loans and grants.


What I'm trying to figure out:

-How do I go about imputing income for my ex? She has told me that she plans to claim zero income on the upcoming request to modify child support and has implied that I'm going to owe her a lot more money. It just doesn't seem right that an able bodied person with a solid income history can just up and decide they're going to stop earning money and look to their co-parent to pick up the slack.
 
Last edited:


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Kansas

About my ex:

-College graduate. Graduated in 2004. Has been gainfully employed since graduation and worked 1 or more jobs during college to pay the bills.

-Has worked at a job for over 5 years that paid about $45,000/year

-Has no disabilities


About our situation:

-We have a 50/50 custody arrangement with joint legal and residential.

-I wind up doing over 50% of the custody time.

-I pay her the full amount of child support ordered by the state and have never missed a payment.

-I already pay her for my contribution towards his health care as part of child support (which she no longer provides since it was through her old employer). I now ALSO pay for his health care in FULL through my employer, which works out to about 30-40% more a month in addition to the child support I already pay her.

-Ex got "fired"
---Emailed me that her department downsized.
---Posted on Facebook that she used to joke with her boss about what a horrible job she always did.
---Told her family it was partially because she showed up late every day.


What my ex has communicated to me in writing

-She has written that she has NO intention of reimbursing me for the substantial increase in health care costs that I pay in full. In fact, she messaged me that she expects me to start paying her A LOT more child support very soon.

-She posted on Facebook months before "getting fired" that she was planning to quit her job and go back to school full time.

-She wrote me that she has no intention of looking for a job (for at least 16 months---through the entire year of 2012).

-She wrote that she intends to have no income in 2012.

-She wrote me that she she is applying for unemployment and is in fact disputing the department of labors denial to grant her long term unemployment (i.e. through 2012)

-She wrote me that she is applying for food stamps.

-She plans to cash out her 401k and retirement funds and live off that as well as student loans and grants.


What I'm trying to figure out:

-How do I go about imputing income for my ex? She has told me that she plans to claim zero income on the upcoming request to modify child support and has implied that I'm going to owe her a lot more money. It just doesn't seem right that an able bodied person with a solid income history can just up and decide they're going to stop earning money and look to their co-parent to pick up the slack.
You don't impute income for the ex. The state will do that. Who requested the modification?
 

mistoffolees

Senior Member
-How do I go about imputing income for my ex? She has told me that she plans to claim zero income on the upcoming request to modify child support and has implied that I'm going to owe her a lot more money. It just doesn't seem right that an able bodied person with a solid income history can just up and decide they're going to stop earning money and look to their co-parent to pick up the slack.
You don't impute income for your ex. You can ask the court or administrator to do so, though.

The problem is that you have to prove that she was fired for cause and not due to downsizing. Even if she was a marginal employee and they had to downsize so they selected the worst employees, that's not 'fired for cause'.

The thing working against you is that it sounds like she's getting unemployment - just not the long term unemployment she requested. If she's getting unemployment, that's a pretty good indication that she was NOT fired for cause.

Then you have to convince the court that she could be working and is not making a diligent effort to find work. Facebook comments won't cut it. And even if she could get a job, it might well not be at her previous salary (lots of mid-level and senior people are having trouble finding work now). The court might simply impute minimum wage.
 

tuffbrk

Senior Member
Your ex will have to provide proof that she is actively looking for a job. Otherwise they will impute her former salary. Presuming that anyone has filed for a CS review.
 

KansasDad

Junior Member
Do you think that I have a good chance of imputing income since I have solid written documentation where I flat out ask her, "Do you intend to get a job?" and she replied, "No. I am not planning to seek employment." and "I intend to have zero income through at least 2012." (paraphrasing)
 

Antigone*

Senior Member
Do you think that I have a good chance of imputing income since I have solid written documentation where I flat out ask her, "Do you intend to get a job?" and she replied, "No. I am not planning to seek employment." and "I intend to have zero income through at least 2012." (paraphrasing)
DAD to judge "She told me that she did not plan to seek employment."

Mom to judge "I never said that."

:cool:
 

KansasDad

Junior Member
DAD to judge...here is a legally certified transcript of a written communication I had with MOM where I ask her this question and she replies...

(I only communicate with the ex through TalkingParents.com)
 

LillianX

Senior Member
DAD to judge...here is a legally certified transcript of a written communication I had with MOM where I ask her this question and she replies...

(I only communicate with the ex through TalkingParents.com)
In that case, you have a pretty good chance of her having an income imputed.
 

mistoffolees

Senior Member
DAD to judge...here is a legally certified transcript of a written communication I had with MOM where I ask her this question and she replies...

(I only communicate with the ex through TalkingParents.com)
Mom to Judge..... I was just yanking his chain since he has been pestering me so much. I am and have been looking for a job diligently.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top