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  1. #11
    Join Date
    May 2011
    Location
    upstate, NY
    Posts
    74

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

    I really don't know all the legal terminology no more than you probably know the difference between a CSJ and a 25 gauge stud...........the direction I was trying to go with the word "laches" was in reference to a statue of limitations or a period of time allowable to go back and review or apply something.........I didn't research it so that is my error.

    My wife is most miserable, she wants to go back to Virginia Beach, well 40 miles is as far as she can go for the time being........

    : negligence in the observance of duty or opportunity; specifically : undue delay in asserting a legal right or privilege

    Is this a typical response to something you just can't answer?

    Writing my congressperson........I conveyed my reasoning, you don't care for it then so be it......I am not going to quit looking for answers because you don't know how to address my situation, I thought I could find some useful information on here and I have so far, but that is not of any use to me so keep your politics to yourself please.....

  2. #12
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

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

    Really, OP - you need to speak with your attorney and have him/her explain how custody and child support issues actually work. Because truly - you're going to have a really miserable time if you don't start accepting the reality that is family court.

    The court doesn't care that your wife was unfaithful. It's not illegal, and though it's not ideal it doesn't make her a bad parent. Your opinion of it doesn't matter. The court also doesn't care that she was a paralegal 5 years ago. However, the court DOES care that while you were away working all that time, that your wife was the one kissing your daughter's booboos, washing her hair, reading her stories, and being the primary caregiver. The court DOES care that Mom hasn't been in the workforce for those years - to expect her to earn the same as she did then is simply unrealistic and unreasonable.

    THAT is the reality.

    My politics? Sir, I'm a Brit. I live here, but I cannot vote here. Hence my politics have absolutely nothing to do with anything. But if YOU don't like the way the laws are written - YOU have the ability to write your congressperson and try to get those laws changed.

    Venting your frustration is natural. But you've really got to get past that, because it's only going to hurt you in the long run. And worse, it will hurt your daughter.

    I'm sure that's not what you want.

  3. #13
    Join Date
    May 2011
    Location
    upstate, NY
    Posts
    74

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

    No, I am not in this for hurting my daughter. I am in this to secure the best possible outcome in the divorce for my daughter's sake. I am well aware that morals play no part in this family court or things would take a 180 degree turn on many levels. I do have much resentment for my wife's decision to take this direction with regards to the marriage, but it is what it is. I don't think there isn't a party on either side of the fence that does not have some feelings of being the one that got the short end of the stick in a divorce.

    I will post the net results of my divorce when this is concluded............Impute and all that good stuff......laches too.......till then bye!

  4. #14
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Imputing Income of Cp Who Stopped Working After Birth of Child

    You open yourself for opinion when you gave one regarding "responsibility". Don't get upset for someone giving theirs.

    As far as your original question. If you are still traveling out of town for your job, months at a time, it really does not matter how much your "near ex-wife" makes. Because she will be granted 100% custody of your child so her salary will not be computed. Yes, they will still ask for her tax forms and pay stubs....but when is all said and done you will be paying the same amount if she was working at mim wage or making 60k. Go on the internet and find NY child support calulator and enter the info and change the CP salary from 0 to 60k and you will see that the amount you will be paying pretty much remains the same. It take a pretty big number to see any difference in payments.

    But then again, your concern is not reduced payments it the future....

    Answer me this...If your "near ex-wife" spend money unwisely on herself as you protray, what make you think her getting a good paying full-time job is going do for your daughter? Instead of peticures it will be trip to Jamaica....instead of a ford exscort it will be a volvo....

    The true answer to your question that you really want to know is Percentage of custody. What she does and how much she makes is a very small factor in the courts eyes. You need to concentrate on yourself in this new situation and what can you do to make it work for you and your child. Control what you can. Your "near ex-wife" is uncontrollable. You are going to make a bad situation worse by trying to get her to do what you think is right.

  5. #15
    Join Date
    May 2011
    Location
    upstate, NY
    Posts
    74

    Default Re: Imputing Income of Cp Who Stopped Working After Birth of Child

    I am absolute in my understanding of NY's child support percentage and distribution of responsibility regarding that. This was not a way to seek and destroy or devalue my responsibility of child support. I understand your points and you are 100% right in that I can lead a horse to water so to speak, but she will not necessarily drink. You are right in that respect. I suppose I should detach, let the dust settle more and if nothing else in all of this, her lack of work will make her financially more responsible, if for no other reason that out of necessity. Thanks for trying to reconsider my position on this. This last post helped most I do believe. The only downside to this is her moral character remains what it was....well I guess Dr. Phil maybe of more help here than the courts for the truth of the matter. Thanks All!!

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