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Another question! Imputation of income

Steppypoo's picture

Submitted by Steppypoo on Mon, 01/14/2013 - 4:40pm

Forums: 
Family Court

Hello, again :). I just wanted to see if anyone has dealt with the courts imputing an income to the custodial parent, who voluntarily stays home. Under our state's child support guidelines, it states that an income will be imputed if parent is voluntarily unemployed, and child care costs may be imputed as well. Has anyone had an income imputed as well as child care costs? Or, have you had an income imputed, but no child care costs? It seems like it is not worth it to even add minimum wage income for the CP if 400 bucks or so is going to be added on for child care. I am just curious as to how this works! My step child is 10, by the way, if that matters at all. Thank you in advance. We are just trying to see if it is worth it to move forward with a modification before we hire a lawyer.

Steppypoo's picture

Submitted by Steppypoo on Mon, 01/14/2013 - 5:04pm

They wouldn't be actual costs, it would be a "reasonable" amount that the courts would factor in, since they would be factoring in an income for the CP. My step kid doesn't go to day care, but I guess the courts see it as though if the CP WERE working, then skid would have to be in daycare, so they would impute in a cost. I hope I am explaining that correctly.

Steppypoo's picture

Submitted by Steppypoo on Mon, 01/14/2013 - 5:12pm

My husband is the NCP, and is the one who pays CS. Both the CP and the NCP's incomes are used in the calculation, though. Smile

sonja's picture

Submitted by sonja on Mon, 01/14/2013 - 6:20pm

In my state (GA) both parties income is taken into account. I am somewhat familiar with the process, and you can REALLY get screwed if you dont know the system.

Here if you are voluntary unemployed I believe it is calculated at minimum wage FT.. 40hrs/wk.. but Ive seen phrases in the actual wording that did make exceptions for parents of kids under 2 or 4, not sure which..

BM and DH were both unemployed and living with their parents at the time of divorce. BMs lawyer slapped him with having a 'marketable skill' (lmao!) and he was told that at the beginning of the year they would start the CS based on 12/hr FT etc.. PLUS BM told the courts that daycare costs 500/mo (how the fuck you ask.. she doesnt have a job!).. so his rate was based on his 12/hr and her 10/hr plus the 500 daycare..

He ended up paying 600/mo (the original amount was almost 800, but they agreed on this) starting at the beginning of that next year although he wasnt even making 24k! Thats at least 30% if not more because everything is calculated before taxes eat your check.

So guess who was sitting on their ass, not working, not paying any type of rent etc.. and certainly not paying daycare costs! He struggled paying that for at least 3 years before he lost his job and she agreed to reduce.

Which state are you in?