Voluntary Underemployment?

[amberlea434]

What is the name of your state? TN

My fiance and his ex-gf will be heading into court soon for a hearing to modify their current parenting plan. Among some of the things being changed is his child support. It will be based on the Income Shares guidelines instead of the 21% of his income that he's paying now.

His ex-gf is 5 months pregnant with her live-in boyfriend's child. My fiance just found out that she has now switched from full-time to part-time where she works and there's no word on whether or not she'll be going back to full-time after the baby is born.

When they go into court next month, will the judge deem this as voluntary underemployment and impute her full-time salary to determine the new CS amount? Or will they base it on her part-time wages?

 

[GrowUp!]

What is the name of your state? TN

My fiance and his ex-gf will be heading into court soon for a hearing to modify their current parenting plan. Among some of the things being changed is his child support. It will be based on the Income Shares guidelines instead of the 21% of his income that he's paying now.

His ex-gf is 5 months pregnant with her live-in boyfriend's child. My fiance just found out that she has now switched from full-time to part-time where she works and there's no word on whether or not she'll be going back to full-time after the baby is born.

When they go into court next month, will the judge deem this as voluntary underemployment and impute her full-time salary to determine the new CS amount? Or will they base it on her part-time wages?

It is imperative that your fiance insists that a full-time wage AT THE MINIMUM she was making prior to going down to part-time status be imputed onto her -- and no less. Because she chose to have another child does not mean she doesn't have to help support the child(ren) she had first. That is if TN even considers subsequent dependants. It would help for you fiance to research case law and statutes to bring, just to be prepared.

 

[amberlea434]

Thanks, GU. He was under the same impression. He has retained an attorney for the hearing in May, should he just bring this issue up with him? Also, it was requested that he submit a copy of his W2 from this past year, obviously to determine the new CS amount. She will be submitting hers, as well. How will all of that pan out if her W2 is going to be reflecting a PT salary for a part of the year? Will it just need to be brought to the judge's attention that she's gone from FT to PT?

 

[Gracie3787]

Thanks, GU. He was under the same impression. He has retained an attorney for the hearing in May, should he just bring this issue up with him? Also, it was requested that he submit a copy of his W2 from this past year, obviously to determine the new CS amount. She will be submitting hers, as well. How will all of that pan out if her W2 is going to be reflecting a PT salary for a part of the year? Will it just need to be brought to the judge's attention that she's gone from FT to PT?

Yes, he definately should speak to his attorney about asking for imputed income. The attorney will be able to answer the part about the w-2 also.