My question involves child support in the State of: Oregon
I am trying to find information on imputing income on the custodial parent (lots of information on imputing the paying parent...)
My children are both over 18 and attending school. They qualify to receive support through their 21st birthday, so long as they keep in good academic standing and are enrolled at least half time. Our current support order is one lump sum so when the older child turns 21, support won't go down automatically; the order will have to be modified. I'm considering a stipulated modification now to specify an amount per child so we can avoid a full review next year.
My ex does not work and has no verifiable income. He was imputed at his last salary when our order was entered but I don't know that he'd stipulate to the same imputed income again. He's capable of working, but has apparently given up.
One article I found on an Oregon Lawyer's site says: "If one parent is unemployed or employed less than full-time, Oregon courts then look at "imputed" or "potential" income for that parent, unless they can prove that there is good cause for the underemployment. Good cause might be a shortage of jobs in the parent's field or if they are going to school. If there is no good cause, the court determines the underemployed parent's imputed income by calculating either (1) probable earnings based upon the parent's recent work history, occupational qualifications, prevailing job opportunities and earning levels in the community; or (2) income from full-time work (40 hours per week) at the current Oregon minimum wage. The larger number is that parent's imputed income."
This suggests that he may not be imputed at minimum wage but I'm just not sure. Maybe it all depends on the judge?
Does anyone have experience with imputed income; specifically for the custodial parent?