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  1. #1
    Join Date
    Jul 2010
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    29

    Default How to Convince a Court to Use Actual, Not Imputed, Income

    I wrote earlier and I would like a little more help please. I am getting half my check garnished already for 2 cases, 3 kids. I am only working @ 8.00 20 hours per week and have been trying since dec of last year to get a full time job again, more hours or pay and have yet to be sucessful. I do not have an education dropped out in 9th grade and have no work history not to mention the unemployement is at its all time high. I have proof of all the applications (about 3 per month if not more) that i have filled out looking for a job. What else can I do to help my case so that they will change the order to income I ACTUALLY MAKE instead of income imputed at 8.00 working 40 hours per week. What kinds of questions will the judge ask me. I have my kids more than my share and I just dont want to end up on the streets because of child support.

  2. #2

    Default Re: Court on Monday

    The reality of the situation is that the court will be happier to see you on the street, rather than your 3 children.

    If you dropped out of high school and then started fathering children that you now can't support, and are having a hard time finding work in this miserable job market, it's HIGHLY unlikely understanding will be forthcoming from the court. If you plan to claim to the court that part of your financial situation is a product of dropping out (a choice), then in the same breath, you'd better ALSO show the court that you're in the process of GETTING yourself an education that will allow you to seek better jobs on behalf of your children. If you're not already enrolled in an adult high school program, you need to get yourself INTO one, like yesterday. Check with your local community college - most of them are VERY helpful in getting you enrolled, knowing what jobs are in demand in your area and helping develop a curriculim to get you one of those jobs, and they may even have financial aid available (and, more and more of them have online programs, so you can job hunt during the day, and do your class work in the evenings and on weekends).

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Court on Monday

    Quote Quoting liveasheck
    View Post
    I wrote earlier and I would like a little more help please. I am getting half my check garnished already for 2 cases, 3 kids. I am only working @ 8.00 20 hours per week and have been trying since dec of last year to get a full time job again, more hours or pay and have yet to be sucessful. I do not have an education dropped out in 9th grade and have no work history not to mention the unemployement is at its all time high. I have proof of all the applications (about 3 per month if not more) that i have filled out looking for a job. What else can I do to help my case so that they will change the order to income I ACTUALLY MAKE instead of income imputed at 8.00 working 40 hours per week. What kinds of questions will the judge ask me. I have my kids more than my share and I just dont want to end up on the streets because of child support.


    Additionally...the reality is that it is very common to be imputed 40 hours at minimum wage for the basis of calculating child support. That's generally the minimum.

    3 applications per month? You should be doing at least 3 per WEEK! Are you applying at day labor places? Are you involved with job service/whatever it's called in your area?

    I cannot see any judge reducing the amount you're paying based upon what you've told us here.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Court on Monday

    Quote Quoting liveasheck
    View Post
    I wrote earlier and I would like a little more help please. I am getting half my check garnished already for 2 cases, 3 kids. I am only working @ 8.00 20 hours per week and have been trying since dec of last year to get a full time job again, more hours or pay and have yet to be sucessful. I do not have an education dropped out in 9th grade and have no work history not to mention the unemployement is at its all time high. I have proof of all the applications (about 3 per month if not more) that i have filled out looking for a job. What else can I do to help my case so that they will change the order to income I ACTUALLY MAKE instead of income imputed at 8.00 working 40 hours per week. What kinds of questions will the judge ask me. I have my kids more than my share and I just dont want to end up on the streets because of child support.
    3 a month?????? You should be going to every single company and filling out applications. Not online, not by mail, by walking to the front desk and ask for an application for employment. Fill out forms and then ask to speak to someone in Human Resource Department, warehouse manager, cleaning manager, and/or mailroom manager, ect.... before heading out the door. At least 3 per day.

    There is thousands of people looking for work. Do something they are not doing.

  5. #5
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: How to Convince a Court to Use Actual, Not Imputed, Income

    Quote Quoting liveasheck
    View Post
    I wrote earlier and I would like a little more help please. I am getting half my check garnished already for 2 cases, 3 kids. I am only working @ 8.00 20 hours per week and have been trying since dec of last year to get a full time job again, more hours or pay and have yet to be sucessful. I do not have an education dropped out in 9th grade and have no work history not to mention the unemployement is at its all time high. I have proof of all the applications (about 3 per month if not more) that i have filled out looking for a job. What else can I do to help my case so that they will change the order to income I ACTUALLY MAKE instead of income imputed at 8.00 working 40 hours per week. What kinds of questions will the judge ask me. I have my kids more than my share and I just dont want to end up on the streets because of child support.

    If you had been making a full effort to find a full time job, you would've been able to take proof into court. However, since you have not been making much of an effort then you can expect to be imputed a full time income.
    At this point, even if you begin a real effort, your past lack of effort is going to hurt you.

    Look at it this way- you are working only 20 hours per week, a Judge will view that as you having 20 hours a week to look for work, and 3 applications a month just isn't going to mean anything.

  6. #6
    Join Date
    Jul 2010
    Posts
    29

    Default Re: How to Convince a Court to Use Actual, Not Imputed, Income

    Thank you for your advice (both hard and good) I appreciate it and YES i have been actively looking and have proof . I copied all the applications and have submitted resumes via fax and have proof of that too. I am not asking for a decrease in child support but am asking that they not RAISE it as it already was raised in december. I am not trying to get out of child support. this woman is vindictive my wife had a PPO on her..need i say more? she falsified that she is paying 300 in child care and i cannot prove she is lying and i know this because i talk to her friends and family. also she reports that she works 40-60 hours per week and goes to school which is a lie and impossible. again thank you

  7. #7
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: How to Convince a Court to Use Actual, Not Imputed, Income

    If the order is only from December, why would it be raised now?

    That makes no sense.

    Why is working full time and going to school impossible?

    Where the heck are you going with this?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: How to Convince a Court to Use Actual, Not Imputed, Income

    Quote Quoting Dogmatique
    View Post
    If the order is only from December, why would it be raised now?

    That makes no sense.

    Apparently the OP has filed an appeal and has been granted a rehearing.

  9. #9
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
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    Default Re: How to Convince a Court to Use Actual, Not Imputed, Income

    Quote Quoting Xena
    View Post
    Apparently the OP has filed an appeal and has been granted a rehearing.

    It's just earlier in this same thread, OP said he doesn't want it to decrease...he just doesn't want it to increase since December.

    I am not asking for a decrease in child support but am asking that they not RAISE it as it already was raised in december.
    My question is that if the order was made since December why would it have been increased at all?

    What exactly is he appealing? The December order?

    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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