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Will a child support judge care about a stipulation that 1) imputes income & 2) sets child support based on imputed income?

San Diego, CA |

We have a recent stipulation which imputes ex's income and sets child support based on ex's imputed income. Ex chooses not to work so her income is imputed at a very reasonable amount (just above min wage). she has alot of work experience; but why work when you can get free money each month. she used to make over $50k per year. we have 50/50 custody. Now ex is taking me back to DCSS for an upward modification saying she has no income. when we go to court, will the commissioner use the stipulation if it is reasonable? or will he just impute her straight at minimum wage. ..which is what she is trying for. have any of you lawyers experienced this before?

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Attorney answers 2

Posted

In order to impute income, the court has to find the party has both the opportunity ( job openings) and ability (skills, education, experience) to work. Since there was a stipulation, and if none of the factors have changed, there is an argument to be made the previously imputed income should remain the current imputed income. The time which has passed between the stipulation and now, and any changed circumstances could alter their Court's analysis. Imputing income can be a fact-intensive and complicated matter.

Disclaimer: This answer does not constitute legal advice, and should not be relied on. Each state has different laws, and each situation is fact specific. Without an in depth consultation and analysis of all relevant facts and evidence, it is impossible to fully evaluate a legal problem. This answer is not intended to, and does not, create an attorney-client relationship.

Posted

I agree with the previous answer, but in addition you should request the court for that your ex submits monthly or bi-weekly job contacts. What this means is that your ex must show that the court that she has been actively looking for a job and she has not been able to find one. Otherwise, she will just keep claiming that she has been looking for a job. If the court orders her to submit job contact she needs to demonstrate that she actually sent out job applications to a given number of employers in a given period.

This is not legal advice and a client-attorney relationship is not created as a result of this communication. For a free consultation call 619-752-0125 or email at ben.aguilar.law@gmail.com. Se habla Español.

Asker

Posted

Thank you for providing a detailed answer. A few more things - Yes, job contacts are in the order also, although she has never once provided a job contact since the order was made. Her bank records which I subpoenaed STILL show she is bringing in the same taxable amount from other sources of income (investment income/retirement income) without having to work full time. The amount she brings in each month is actually more than her imputed income. And she has submitted multiple fraudulent FL-150s significantly understating her income so she can get more child support. Do you think a Child Support Commissioner will care about all this evidence or take the easy way out and impute her at minimum wage??? I've never had to go in front of a child support commissioner before and don't know how they think..

Benjamin Aguilar

Benjamin Aguilar

Posted

If you have evidence make sure you submit it to the court. The child support rep might not care, but if you bring it up to the attention of the judge, I am sure he will make your ex explain this discrepancy.