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Imputing Income to a Custodial Parent Who Stopped Working After Birth of Child

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  • 05-25-2011, 05:40 PM
    machineguns
    Imputing Income to a Custodial Parent Who Stopped Working After Birth of Child
    My question involves child support in the State of: NY

    In the final stage of divorce, but I have a question about imputing the income of my near ex-wife.

    She is currently working in the daycare where my girl attends pre-school for around 10 dollars an hour on a part time basis 5/6 hours a day @ 5 days per week. On the premise of being an at home mother we moved to NY from VA where she was making over 60K a year. This has been over 4.5 years ago. The state's wage schedule for what she did here is approximately 55K. My attorney told me that they will not impute her income due to the length of time that has elapsed. Is this so or is there something that I can do to show her skills of paralegal or managing a nursing home for several years for even more money will allow them to impute her income for the sake of the final hearing and establishing the parents fair percentage of responsibilities? I have encouraged her that since we are divorcing, that a full time job is the most responsible thing to do for the sake of my daughters future and college. I asked about getting some of the CS appropriated for college but was told that is a no go as well..... statue of limitations on imputing? They are doing a stall for some reason and I am trying to figure out what the strategy is here.......
  • 05-25-2011, 06:28 PM
    Dogmatique
    Re: Imputing Income of Cp Who Stopped Working After Birth of Child
    Being out of the workforce for that long?

    Listen to your attorney. They'll likely impute her a 40 hours at her current wage.
  • 05-25-2011, 07:04 PM
    Lawrence084
    Re: Imputing Income of Cp Who Stopped Working After Birth of Child
    Have you look into the difference your Monthly Child Support Payment will be if your "near ex-wife" make $0.00 or $60,000 a year? You may find out her income is not a proportional.

    Quote:

    I have encouraged her that since we are divorcing, that a full time job is the most responsible thing to do for the sake of my daughters future and college.
    Are you serious? That the most responsible thing to do?

    Having one of the parent at home and actually raising the child while the other parent help support and raise the child while providing financially through the early years of adulthood is the most responsible thing to do !!!!

    And that what the courts will decide too. What best for the child, not what best for you.
  • 05-25-2011, 09:06 PM
    machineguns
    Re: Imputing Income to a Custodial Parent Who Stopped Working After Birth of Child
    I will start another thread as no one seemed to address what I was trying to convey here without putting incorporating their opinion.......thanks for the replies none the less...
  • 05-25-2011, 09:53 PM
    Dogmatique
    Re: Imputing Income to a Custodial Parent Who Stopped Working After Birth of Child
    Please don't.

    You've started multiple threads already all basically addressing the same thing.

    And you HAVE AN ATTORNEY.

    Why aren't you asking your attorney these questions?
  • 05-25-2011, 10:14 PM
    Richelle71
    Re: Imputing Income to a Custodial Parent Who Stopped Working After Birth of Child
    What the lawyers are looking at are to attempt to ensure that your daughter lives the life that she is used to. So in laymans terms they are attempting to equal the earnings for your daughters sake. If you make 55k a year and your ex makes 55k a year, then child support would be minimal due to the equal way of earnings in her life. However this is not the situation as you have explained. Now that your ex has decided that she wants to be more involved in your young daughters life and work in the daycare your daughter attends preschool. The courts will ensure that her quality of living is the same with you and with her mother. They will take your earnings compare to her earnings(current earnings) and meet in the middle and tell you what you are expected to pay per month. This is to benefit your child. If at a later date your ex decides to return to work making 55K, then at that point of time you can ask the courts to re-evaluate the support payments. Asking the courts to request that your ex wife give a degree of paralegal, or manager of a nursing home is not legit, due to it not being current at the time of the hearing for what you will pay for child support. Sorry if this is not the answer you were looking for, but this is the facts of Child Support for the benefit of the Child, not the paying parent.
  • 05-25-2011, 10:38 PM
    machineguns
    Re: Imputing Income to a Custodial Parent Who Stopped Working After Birth of Child
    So "Laches" or trying to impute her previous income based on her skills plays little into this equation. This makes more sense presented this way to me. I am not afforded time with my attorney as she is busy and keeps tabs of any questions I have and addresses them when we meet in court which has not been recently. I don't hound her or ask 100 hypothetical questions.

    This is not for me, so much as it is for my daughters sake. I really don't want to see her growing up in a section 8 community....she is young now and I'd like to see her out of that as soon as possible, hence my concern. I have my own issues of health and I am very limited with that as well as with this economy and my profession in the union.

    I am looking to net what is absolutely best here for my daughter and if that means pushing my wife a little, so be it. It is nice that she spends time with her mother, but this isn't the same game anymore......the marriage is over and I see it differently, we both need to work harder for our daughter's sake.

    I am going to start building my house after the proceeds from my home and she is given her share. I know its difficult for everyone, but someone has to do something....getting pedicures and bringing different men around my daughter........it obvious to me that she's not serious about my little one's future.......she is playing the game for the courts, I know this........she recorded me for months up to this trying to catch me saying something bad or snap or whatever, it never happened.....its a game for her, its not for me!

    So I thank you for your answer, for the other poster that commented..........

    Not whats right for me.......needs to try not to cast judgment without knowing all the facts here and the motives aren't always what they seem!
  • 05-25-2011, 10:44 PM
    Dogmatique
    Re: Imputing Income to a Custodial Parent Who Stopped Working After Birth of Child
    Laches?!

    Where on earth did you come up with that?!

    Please google "doctrine of laches". It seriously, truly, really, honestly has nothing to do with your situation. At. All.

    OP, you really need a reality check.

    Otherwise you're going to be in for a very miserable time while your child grows up.
  • 05-25-2011, 10:46 PM
    machineguns
    Re: Imputing Income of Cp Who Stopped Working After Birth of Child
    I understand her income wouldn't change my obligation beyond, maybe the percentage of responsibilty of copays and add/ons......that I completely understand, its not about me paying less here......

    Responsible thing to do, would be to stop bringing other men around my daughter and cybersexing which the infidelity is why I am here...I wouldn't tolerate it.

    The courts decided what was best by granting her sole custody......a nuturing thing.......I understand that......

    While I was out of town working for many months, she gave my daughter more baths and fed her.........so shes a better suited parent according to the courts eyes

    The courts don't have eyes and if they do, they need a new prescription as they are farsighted
  • 05-25-2011, 10:47 PM
    Dogmatique
    Re: Imputing Income of Cp Who Stopped Working After Birth of Child
    Quote:

    Quoting machineguns
    View Post
    I understand her income wouldn't change my obligation beyond, maybe the percentage of responsibilty of copays and add/ons......that I completely understand, its not about me paying less here......

    Responsible thing to do, would be to stop bringing other men around my daughter and cybersexing which the infidelity is why I am here...I wouldn't tolerate it.

    The courts decided what was best by granting her sole custody......a nuturing thing.......I understand that......

    While I was out of town working for many months, she gave my daughter more baths and fed her.........so shes a better suited parent according to the courts eyes

    The courts don't have eyes and if they do, they need a new prescription as they are farsighted



    Write your congressperson.
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