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My ex and his lawyer state that since I don't work they will base my income on what I made at my last job to figure support?

Elkhart, IN |

Trying to establish a fair support order. One of the three children has lived with me for 5 years and I have received no support from his father. My second child is now living with me. I figured the child support through the calculators online with his income at what he makes and mine at minimum wage. However I do not have a job since I stay at home with my 2 year old from my new husband. I was told that this was fair and that this is how it should be figured. My ex contacted a lawyer and his lawyer states that I need to figure my income at to what my job was before when I worked. He called it potential income. In today's economy I would be lucky if I could get a job with minimum wage. Need to know what the correct amount is to figure. Feel like I am being muscled and that this is unfair

Attorney Answers 2


What the lawyer is talking about is a term called, "imputing potential income." This is a legal argument that says support should be calculated based on a number that you "could" earn. If there is truly no way of you every earning that type of income again, then that is something that you have to show so that a lower income could be used. You should talk to an attorney about this, because the difference could essentially cover what you have to pay to have an attorney.

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As noted by other counsel, the courts have the right to impute income based upon your ability or petenial and often use income earned in the past as a benchmark. However, you do have the right to show that you could no longer earn that amount or agree with your ex on a smaller amount.

I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish.

This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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