You are here

Imputing Income

loveallmygirls's picture
Forums: 

I have searched all over for an answer to this and am wondering if any of you lovely people might have an experience similar to ours. DH's ex (BM) intentionally had another child approximately 2.5 years ago. When I say intentional, I mean she had to have things done artificially because she had been "fixed." So this was not an oops moment. Anyway, the child ended up having a medical condition and could not be at daycare right away because of it. He attends now periodically while she "works from home." As soon as she found out she was pregnant she immediately told my DH she was going to go after more support because she claims she was going to be a SAHM and sent an image of some ridiculous amount from the guideline calculator that assumes she makes no income. She was in the background of the image with a narcissistic grin like you wouldn't believe. The job that she had for 7 years prior to going on maternity leave held her job for her for almost a year, but she chose not to go back-that was voluntary. Instead she started working from home. We suspect she is making six figures at this point because from one of her social media profiles we know her exact name and job title--and have given this information to DCSS.

 

If you read my last post you know that we recently showed DCSS that the prevous order was including childcare, which is no longer being paid, so the amount we will not pay her per month is substantially less and she hasn't been notified yet. She tried to turn in only half of the order from the second day of hearings, and it backfired in a big way. We suspect that as soon as she sees the substantially reduced number, Narcissist Nancy will immediately ask for a modification because she thinks DH is making a lot more than he is. My question is, can DCSS impute income from her previous job if for some reason she submits information that suggests she is making far less than she actually is?  Or would we actually have to have this done through the court? This woman is probably the sneakiest human being I've ever encountered. She has an MA, held a steady job for many years and still does side work that she gets paid under the table for. She was even an adjunct professor at one point. We have proof of all of this from her social media page (current employer, position, past employers, education, even referencess). 

loveallmygirls's picture

**I should say, we know the exact name of the company she works for, the location, and the job title. 

tog redux's picture

Around here they ask for tax information - or is she not filing taxes? They get their income info from that and from pay stubs.

Is this child DH's? I'm a little confused on the timeline.

ESMOD's picture

This is kind of a tough situation to manage.  If she has to leave her job to tend to the needs of a disabled child.. I guess that could, in fact change the balance of income and require your DH to pay more CS for his other child(ren).

Imputing income would be more clear if someone was voluntarily deciding to "retire early" to stay at home and not work.  In her case, while the choice to HAVE a child was intentional... I'm quite sure that she didn't intentionally plan and count on having a disabled child... and THAT is where you may have a harder time getting the court to play ball with imputing income.

So...it's not the choice to have a child that is going to drive it.. it's the fact that her child has other issues.

loveallmygirls's picture

If the child literally needed monitoring around the clock I would understand that. In fact we (DH and I) have a child from our marriage with a lifelong incurable disability that nearly killed her when she wasn't even 2 (that's how we found out about it). However quitting our jobs was not an option because we had children to care for financially. We had to take her to multiple daycares and I often had to leave work during breaks to go check on her until finally we reached a point where we found someone who was amazing. My child requires 24/7 monitoring to make sure she is safe. Even when she is an adult I don't know that we will ever be completely secure with her being alone. Cognitively she is fine.

 

Her child had to had a couple of surgeries, but otherwise there is no other special care that is needed. In fact he goes to daycare now several times a week, and she leaves him with our older children while she goes out to have her hair and nails done and goes on dates with her husband. To me this is proof that she is quite capable of leaving the house for a job if she needed to. 
 

 

ESMOD's picture

Your lawyer would have the best read on whether your court system is likely to impute her salary for CS calculation purposes.  Certainly, documenting that she has the child in regular daycare might help there.  However, if she isn't able to work the "same full time job".. since the child does have higher needs for medical care.. you still may find the courts will sympathize with her and not impute her income.  I know, that in theory.. absent his support.. would she have the "luxury" of staying home? would she?  or would she live at poverty level on public assistance?  Like you, she might feel it is less objectionable to go to work and figure out daycare and meeting her kid's needs... but when you have CS.. it can change what is possible.

loveallmygirls's picture

Good full time job with a large company, likely making more than she did before she quit the other one. 
 

My concern is that she will hide that job and say she is working only part time and give them last years tax return showing part time income, but we know she works full time from home now. 
 

maybe I am getting ahead of myself with my worries. I just know what she has tried to do to my DH in the past and she would have been fine with him living in a box under a bridge, so I don't put anything past her anymore. 

ESMOD's picture

If she is actually working at a legit company.. I'm fairly certain you would be able to get current records on her income.. pay stubs... evidence on her bank statement of direct deposits.

It's kind of difficult to really hid income unless you work for yourself.. or for someone with their own business who is willing to put their neck out for you.

CastleJJ's picture

Where does her new husband come into all this? What is his job and income like? If they chose to have a child and that child had a condition that requires BM to work less, the courts may say it is her current DH's issue to support them. I would continue to document the routine daycare.

ESMOD's picture

I don't think the issue has anything to do with the cost to support the new child.. but rather that if she makes less then the balance of income for the child with EX CS calculation could be changed.   

but.. in situations where someone is able to not work due to marrying "well".. that is often where we do see iimputing.. as long as it clearly is a choice to rely on new spouse vs working.  

I just have some concern that the health issue the child has could blow that out.. but even so.. OP thinks she actually IS working now.. so imputing shouldn't be needed at all.

skell76's picture

our lawyer this because we knew HCBM planned to have kids with her boyfriend and would likely be a SAHM. In our state the calculation would be based on earning potential. I'd find that out but like others have said if she has to rely on her husband then his income would be supporting her and used. 

CastleJJ's picture

DCSS should be able to impute income in BM but due to the complexity, it may require a judge. BM may appeal CS staying the same which would require court intervention.