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  1. #1
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    May 2006
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    6

    Default Imputed income for child support

    A judge in Florida imputed my income for child support purposes almost 2 years ago. Would showing current paystubs and tax returns for the past 2 years (showing less than the imputed amount) have enough bearing to warrant a modification? I live in Chicago and do not have money for a lawyer. How might I attain modification forms to file a motion in Florida to this effect?
    I am a bartender and as you may deduce, my income can change radically from month to month.

  2. #2
    Join Date
    Jun 2006
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    23

    Default Re: What to do?

    Joey? You don't need a lawyer for what you are talking about. They have free legal advice organizations somewhere near your local child support services office. Call your case mgr & ask him or her about obtaining free legal advice. The forms you are talking about are easy to get. If your income has dropped, I assume it should also be easy to lower your child support order. . .

  3. #3
    Join Date
    May 2006
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    6

    Default Re: Imputed income for child support

    Thanks for your reply John. There is no case manager, because payments are made directly to the mother. I've been screwed for a long time and want to make sure when I go to court I make it count.

  4. #4
    Join Date
    Jul 2006
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    985

    Default Re: Imputed income for child support

    You have to remember that your income is imputed for a reason and unless that reason has changed it is possible that proving a lower reported income won't lower your child support payments, especially when "tips" might be involved where you could shelter your income. If you voluntiarly changed occupations more than likely the courts will impute the higher income.

  5. #5
    Join Date
    Jun 2006
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    23

    Default Re: Imputed income for child support

    What is imputed income?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Re: Imputed income for child support

    That's where a court treats a person as having a higher income than they report, usually because the court either believes the person to be underreporting his income or to be working in a job which pays significantly less than the person should reasonably be earning based upon their qualificaitons and work history.

  7. #7
    Join Date
    Jun 2006
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    Practicing in Los Angeles, California
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    411

    Default Re: Imputed income for child support

    Quote Quoting aaron
    That's where a court treats a person as having a higher income than they report, usually because the court either believes the person to be underreporting his income or to be working in a job which pays significantly less than the person should reasonably be earning based upon their qualificaitons and work history.

    My response:

    Also, in an appropriate case, the trial court may take into account either party's earning capacity as well as his or her actual income in fixing "permanent" spousal support--i.e., there must be competent evidence that the party sought to be charged with imputed income has both the ability and opportunity to earn the imputed income amount

    Moreover, in calculating a parent's annual gross income for child support, the court has discretion to impute income based on an inheritance (or gift) corpus or on interest a lump-sum cash inheritance (or gift) could have earned if invested; this is so even if the parent has entirely exhausted the corpus. "Earning capacity" imputed income is not limited to income from work. In appropriate cases, the court may also consider the parent's ability to generate income from income-producing assets; and may even impute a reasonable rate of return to "historically" non-income-producing investment assets!

    IAAL

  8. #8
    Join Date
    Jun 2006
    Posts
    23

    Default Re: Imputed income for child support

    Geeze! Are the courts actually imputing your income based on the fact that you are a bartender Joey? Good God, I was a bartender. The tips can be both great & total dog poop. Why would the courts do that to you?

  9. #9
    Join Date
    Jul 2006
    Posts
    985

    Default Re: Imputed income for child support

    Quote Quoting johnp05
    Geeze! Are the courts actually imputing your income based on the fact that you are a bartender Joey? Good God, I was a bartender. The tips can be both great & total dog poop. Why would the courts do that to you?
    Why, indeed.

  10. #10
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Imputed income for child support

    Quote Quoting joey69
    A judge in Florida imputed my income for child support purposes almost 2 years ago. Would showing current paystubs and tax returns for the past 2 years (showing less than the imputed amount) have enough bearing to warrant a modification? I live in Chicago and do not have money for a lawyer. How might I attain modification forms to file a motion in Florida to this effect?
    I am a bartender and as you may deduce, my income can change radically from month to month.
    Why are you paying your ex directly instead of payments going thru the support disbursement unit in Tallahassee? You need to file for a modification so that you'll be protected and properly credited for payments made. Since you live in another state your case in an interstate case and should have already been set up thru the SDU.

    Are you working at least 40 hrs a week? If you are you need to file to modify. Even though income was imputed, you have 2 yrs of steady full time employment and the CS should be based now on your actual full time earnings. Also, has your ex's income changed at all? That can also have an impact because Fl uses both parents' incomes to determine CS amount.

    You can use your last 2 yrs tax returns and your last one years of paystubs to determine what your actual income is. Tips should be totaled for the year and then divided by 12 to arrive at your average monthly tip income.

    You can file without an attorney, you can find the forms and other pro-se info at www.flcourts.org

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