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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Imputed Income

    My question involves divorce in the State of: CA

    1 child; married 6 years (2001 to 2007); divorce pending since late 2007

    STBX was working at time of separation (25/hr) until she was fired (not laid off/disabled/etc) in May 08. Has been unemployed since. She is living at home with family and has already filed for bankruptcy. Only bill she has is a car payment and insurance. She had several temporary job offers for 15-20 during the summer, but turned them down as she felt they did not pay enough. Job market in CA is very bad now and sounds like she can't get a job.

    I make approx 100k and have been with the same employer for 8 years. Understand that I will be on the hook for some support for up to 3 years, but want to know if the courts will impute some income even though she's not working at the time and the job market is bad. Atty suggested that we wait until she returns to work, but it doesn't sound like thats going to happen anytime soon.

    Am already paying 1000/mo in child support + 150/mo for health insurance and my 50% of the marital debt.

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Imputed Income

    You can ask them to impute income; I can't promise what they will do. You make it sound as if she's barely employable in a good job market; that makes it harder to try to convince a court that she could be working, or earning any appreciable amount of money, if she so chose.

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Imputed Income

    You could hire an employability expert to evaluate her. I had to do this for stbx husband. But in his case, he has excellent technical skills - just decided he didn't want to work anymore. I paid $3k for my expert, but it was worth it for me as he was going after a lot of alimony and claiming to be disabled due to depression. It might not be worth it for you.

    An employability expert will evaluate her for skills, and will interview her regarding her educational level and past jobs to determine what she should be making. The process doesn't really take into account what's actually available on the job market (although it does sample employers in her area to see what they are paying for the sorts of jobs she would be qualify for.) If she doesn't have some legitimate disability and she's got a history of working (and wasn't always a stay-at-home-parent) then some sort of income should be imputed to her. Even if its only $10 per hour, that's better than $0 per hour. Ask your attorney what's the best way to get an imputed income assigned to her without costing you an arm and a leg.

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