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  1. #1
    Join Date
    Aug 2013
    Posts
    3

    Default Can You Impute an Income to a Recent Master's Graduate Who Won't Work Full Time

    My question involves child support in the State of: Missouri.

    Obligor is permanently and totally disabled. Combined total income between SSD and SSI is around $730. Owing to default judgment entered in 2008, is ordered to pay $476/month for support of one child. Owing to arrearage now totaling around $1800 (most of which accrued before obligor found a living arrangement which permitted him to make payments), has been ordered to pay an additional $25/month (roughly) until arrearage has been paid back.

    Owing to arrearage, roughly $300 of SSD check is garnished/month. Obligor consistently pays in the neighborhood of $175/$225 beyond garnished amount in effort to comply fully with order. But because support comes due on 1st, and larger SSD check doesn't come in until the third, literally every payment made has been late.

    Obligor has never held a "grown up" job with salary because of his disability. Last participated in the workforce circa 2002-2003 working for just above minimum wage.

    Obligee Has just now completed master's degree. Has never held a "grown up" job, but has spent extensive time in graduate program performing actual work in her field. Reportedly has a good reputation. Says she would be hired by entity where she performed internship if job opened up for her. Presumably she could get solid recommendation too.

    No immediately available credible information on area market for holders of her degree. It isn't an obviously employable degree like engineering, but it isn't an obviously unemployable degree like medieval French literature.

    Says she is "burned out" on work in her field because it is too emotionally demanding, but has not indicated she is unable to perform the work. Has been involved with boyfriend's hobby creative projects for a year or two. Clings to fantasy this will develop into compensated full time employment even though boyfriend has never sold anything relating to his hobby, nor it is even clear he's tried.

    Has stated she will "take a full time job, if that's all I can get," but prefers part time employment in a facility related to her field so she can devote full time efforts to boyfriend's hobby activities in hope it will "take off." Has not convincingly indicated she is seriously seeking full time employment, generally seeks to avoid the subject.

    Child is 7 years old. State law does not permit children to be left at home unsupervised until age 8. Child has issues that make it possible it won't be a good idea to leave him unsupervised even after age 8, but maybe he'll mature in next year.

    Order has not been modified since put in place, except for garnishment order in 2009 (which I don't even know for sure constitutes a "modification.").

    How likely is a Missouri court to impute a full time income to the obligee in this case? What other information should I obtain? Where do you think I can find it? Is there anything else you need to know?Is there anything else I should know or look into?

    Thank you very much for your assistance.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can You Impute an Income to a Recent Master's Graduate Who Won't Work Full Time

    I think you would be hard pressed to impute any income on such an individual. You may try either google scholar, westlaw, nexis, etc. perhaps at a local courthouse or at home.

  3. #3
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Can You Impute an Income to a Recent Master's Graduate Who Won't Work Full Time

    To an SSI recipient? 0% chance

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can You Impute an Income to a Recent Master's Graduate Who Won't Work Full Time

    Though the law does not prohibit the assessment of a child support obligation to an SSI recipient, it does prohibit attachment or contempt related pressure, for enforcement based on it. The only type of collection activity that will likely be considered is against any windfall such as lottery winnings. If she obtains a job and loses SSI, you can collect arrears that has accrued.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,382

    Default Re: Can You Impute an Income to a Recent Master's Graduate Who Won't Work Full Time

    Quote Quoting Lehk
    View Post
    To an SSI recipient? 0% chance
    The Obligor is the one on SSI...the Obligee is the one who doesn't want to work full time.

  6. #6
    Join Date
    Aug 2013
    Posts
    3

    Default Re: Can You Impute an Income to a Recent Master's Graduate Who Won't Work Full Time

    Quote Quoting Lehk
    View Post
    To an SSI recipient? 0% chance
    Not seeking to impute the income to the SSI recipient.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can You Impute an Income to a Recent Master's Graduate Who Won't Work Full Time

    What exactly is the degree?

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can You Impute an Income to a Recent Master's Graduate Who Won't Work Full Time

    Quote Quoting Dogmatique
    View Post
    What exactly is the degree?
    More importantly, where is it from? Usually these degrees are obtained online or from 2nd rate schools, so the SSI recipient can receive full ride student loans and grants, which they never pay back because they are on SSI.

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