Imputing Income 2

Imputing Income 2

We recently discussed what it means for the Court to impute you with income. We explained that without a good reason, if you are unemployed, or under employed, the Court can assess you with a higher income than you actually have when doing its support calculations. If you are at risk of being imputed with income, you might be wondering, what does the Court usually consider a good reason for under or unemployment? To begin, the Court will consider the voluntariness of your situation. For example, are you currently unemployed because your company just laid off 50% of its workforce, and you can demonstrate you lost your job through no fault of your own? If so, this may be considered reasonable. You will still be expected to find work within a reasonable amount of time and may be ordered to show ongoing proof that you are applying to jobs, but in the immediate aftermath of your job loss, you might avoid being imputed income. Another reason that may be compelling is if you are unable to work for health or disability reasons. Simply saying that you are experiencing a health issue, or that you have a disability, will likely not be enough. You will need actual documentation that supports the fact that your health or disability prevents you from working more, or at all. If your choice to work at a lower paying job, or less hours, is directly tied to your ability to care for minor children, this may be considered reasonable. Childcare is extremely expensive and if you are able to provide childcare because you are working in a less demanding role, or less hours, this may be reasonable. However, in most cases, this choice should be one that the parents agree upon. The Court will also consider what the status quo has been throughout the relationship. If it was agreed upon that one party would only work 25 hours per week, and that has been their schedule for years, it is less likely, though not impossible, that they will be imputed an additional 15 hours of work. The above-mentioned reasons are only a few things to consider when faced with the possibility of imputed income, and decisions will be determined on a case-by-case basis.

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