How to Get Income Imputed to the Payee for Child Support

My question involves child support in the State of New York. We both lived and raised 2 kids in Florida.

We both are architects, working in that field for over 27 years. Also Married 26 years. 1 1/2 years ago my wife went to NY. My son lives with me and my daughter lives with her.

I took the high road and continued working in my field. She is stocking shelves in a grocery store part time and living with her mother, not looking for work in her field.

we are currently have an open case in NY for my daughters support, a temp order was issued for me to pay. why is this fair if we both have one child and she is capable of and has historically made the same income as me.

Assuming your son is a minor, why haven't you filed for child support yourself?

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Quoting DADSDILEMMA

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My question involves child support in the State of New York. We both lived and raised 2 kids in Florida.

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Are we talking about a New York support order, or a Florida support order that is being enforced through New York? If New York,

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Quoting New York Domestic Relations Law, Sec. 240(1-b)(b)(5)(v)

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(1-b)(b) For purposes of this subdivision, the following definitions shall be used:...

(5) "Income" shall mean, but shall not be limited to, the sum of the amounts determined by the application of clauses (i), (ii), (iii), (iv), (v) and (vi) of this subparagraph reduced by the amount determined by the application of clause (vii) of this subparagraph:...

(v) an amount imputed as income based upon the parent's former resources or income, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent's obligation for child support;...

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Has your ex- in fact reduced her income since the last child support order was entered, and if so has she sought and received an increase on the basis of her reduced income?

i have with the Florida Department of Revenue. there hasn't been any judicial progress so far. But we just had a conference today with the NY magistrate, the judge firmly suggested that i file the counter suit in NY so they can control both cases. The judge support order was about half the standard % due to the consideration of my son. if i file in Florida they will not know what is happening so they will no longer make this consideration. i intend to file in NY and drop the Florida case.

we have a half day hearing at the end of the month with witnesses and testimony.

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New York temporary support order first issued in December 2014 but effective since September 2014. our case is still open, see post #4. this is not my ex. we are still married. She quit her last Job as an Architect 2 months before she moved to NY in June 2013. She believe she started the grocery job late in 2013. She is not, to my knowledge trying to find other work in her field.

Note, she needs to live 2 years in NY before she can file for divorce, June this year. i intend to file divorce in FL prior to that.

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thanks for your replies

Request the court impute her the wage she has earned in the past and is capable of earning but electing not to.