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Opinions sought - Child support modification

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F

feinre

Guest
What is the name of your state? New York.

My husband was laid off from his job about 5 weeks ago. He has a court appearance soon to modify child support payments. Since the time he was laid off, he has started his own business. He offered to his ex-wife to pay her child support and daycare payments of $150/week which is only $30 less than if he were still employed. We also said she could review his quarterly earnings whenever she chooses. So far, his ex-wife seems to be disagreeable, and she will not make time to meet with him to discuss. In your opinion, what would the courts think of this? If a man looses his job, how would the courts normally determine future child support payments? My husband's profession is very specialized, and no one in our area is hiring. He could get a lower wage job, but then she would get less than what we have offered. Just looking for feedback... Thanks
 


VeronicaGia

Senior Member
The first thing you need to realize is that many, if not all states, have the ability to "impute income" to the obligor. This means the court can impute income to him based upon what he was making prior to him losing his job.

No one can tell you what a judge will or will not decide, but if your husband goes in there with a reasonable modification, a judge may decide to allow it.
 

nextwife

Senior Member
Imputing- are employment options reviewed?

Veronica, I understand "imputing" if a person is voluntarilly unemployed, or has not sought employment, but I've always been intriqued by the concept that once a perosn makes X amount, his industry is not ever allowed to alter the way they do business, that he is always expected to be able to achieve that pay structure, even though the nature of a particular business or specialty has changed in either demand or financial capability.

For example, a football player who has just gotten to a certain age and can't play anymore.

We have a friend who is a NY trained fashion designer. If he lived in NY, there are a number of potential employers. He moved to Dodgeville to work for nearly the only employer available in this state who produces apparel. If they closed or laid him off, there is literally NO employer for him to go to there. And his wife runs her own business there now, so they cannot relocate. He would NOT be able to get employment at the same level in this state if his present employer were not paying him. There just are very few employment opportunities for fashion designers in WI. Is this stuff looked at?

So, my question is, does IMPUTING look at what employment and pay opportunities exist within the state for an individual in a particular discipline before a determination that it IS possible for him to continue to go out and be employed at the same level as before is made? Or is it wishful thinking?
 

VeronicaGia

Senior Member
Re: Imputing- are employment options reviewed?

nextwife said:
Veronica, I understand "imputing" if a person is voluntarilly unemployed, or has not sought employment, but I've always been intriqued by the concept that once a perosn makes X amount, his industry is not ever allowed to alter the way they do business, that he is always expected to be able to achieve that pay structure, even though the nature of a particular business or specialty has changed in either demand or financial capability.

**I absolutely agree NW. The fact is, especially since Sept. 11, so many people have lost their jobs all over the country and in so many fields it's boggling. I know people who have taken a 50% pay cut just to stay working! But who cares? It's an OBLIGATION!!!!!

For example, a football player who has just gotten to a certain age and can't play anymore.

**Ditto, or a doctor who retires, or any of a number of people in a variety of professions.

We have a friend who is a NY trained fashion designer. If he lived in NY, there are a number of potential employers. He moved to Dodgeville to work for nearly the only employer available in this state who produces apparel. If they closed or laid him off, there is literally NO employer for him to go to there. And his wife runs her own business there now, so they cannot relocate. He would NOT be able to get employment at the same level in this state if his present employer were not paying him. There just are very few employment opportunities for fashion designers in WI. Is this stuff looked at?

**Depends on the judge, laws, case law, etc.

So, my question is, does IMPUTING look at what employment and pay opportunities exist within the state for an individual in a particular discipline before a determination that it IS possible for him to continue to go out and be employed at the same level as before is made? Or is it wishful thinking?
**I know imputing can work if a person can prove that the other person has job opportunities but will not take them. Say for instance a female CP who is a RN, and gets remarried and decides to become a SAHM. The NCP can ask that the court impute her income to what she was making, and can bring in ads from local papers to prove there is a market. A judge may or may not care, but if the other party can offer proof that there is no reason the other person can't at least LOOK for work, then he/she may have an easier time imputing. But in general, I doubt it, but I think that would be an excellent question for IAAL or BCBill or any of the other professionals we are lucky enough to have here. They deal with it every day and would know.
 

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