Trial or Settle/Imputing Income/Dodging Temp Order

[emma23]

What is the name of your state (only U.S. law)? NY (Father resides in Canada)

I am so happy to have found this forum! I have a couple issues going on that are making my child support case fairly complicated.

IMPUTING INCOME- My son's father has a Master's degree and is a certified teacher, yet has (coincidentally?) been either unemployed or only part-time employed for our son's entire life. After 6 years I am finally ready to file for child support given the enormous amount of debt I've accrued doing this on my own. My lawyer is trying to have income imputed to him at his current hourly wage, but assuming a full-time position rather than the 18 hours per week, 40 weeks per year he currently works. We are also considering having a vocational expert conduct a report on his wage earning capacity. Does anyone have experience imputing income in NY? Is it typically successful? And does it generally hold up on appeal?

TRIAL OR SETTLE- I hired an attorney and filed for child support after attempting to negotiate with my son's father for two years. Now we're less than a month away from trial and my attorney is really pressuring me to settle. She believes it's in my best interest given the uncertainty of trial. My intent was always for a judge to decide what is fair and reasonable. So now I feel like we're negotiating back and forth with them, and at the same time prepping for trial, and it's just ridiculous. Anyone have any advice on whether settling or going to trial is the better option?

DODGING TEMP ORDER- We had a temp order issued a few months ago and he has only been paying a small portion of it. I know he is deliberately violating it, and I think on his attorney's advice. I wonder if this will be a pattern or if he'll take the final order more seriously, and what enforcement actions I could take on a temp order when he resides in Canada?

I'm really looking forward to any responses back! Thanks so much!What is the name of your state (only U.S. law)?

[mistoffolees]

Really, you should go with what your attorney is telling you. If he says that imputing income will be beneficial, then you ask for it.

If stbx is violating the court order, then you ask for him to be held in contempt.

Settle or fight? No one here knows all the facts and circumstances - but your attorney does. I can't imagine that ANYONE is going to want to second guess your attorney.