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Question regardign imputting income for custodial parent

msg1986's picture

I have a question for those of you that live in states that impute income for the custodial parent.

Bm has quit yet another job because apparently she thinks everyone should pay her way. (at the last review she was working and earning min wage so current CS is figured as though she's working)Here in NM, from the CS guidelines that I've read, it says that once child turns 6 years old they impute min wage for Custodial parent regardless if they are working or not. We anticpate going back to court in the next few months and Bm seems to think they are going to raise CS because she is choosing not to work. We know this because she called Dh and started asking for money and when he said no she started threatening to file a motion to go back to court because she "knows" she's "entitled" to more because she's not working. Wellll, my question is, do you know or has it ever happened to you that the judge overruled the rule that says they impute? Everything says the only reason they won't impute min wage is if the child is disabled, which Ss is not. I'm just curious if for some reason the judge wouldn't impute even though everything says both parents are financially responsible for their kid until 18 or 19/graduation.

also, i know every state is different I'm just trying to be prepaired for anything. Smile

msg1986's picture

That's good that hey impute in your state too. Bm claims she's too "sick" to work. I know she suffers from endometriosis but I have know a few people who the illness as well and they seem to manage to work full time jobs also so whatever.

Yeah, NM does seem to be progressive and I'm happy about that. we're waiting to see what happens right now and if she files. If we don't hear anything in the next 30 days or so we're going to start looking for a lawyer and go from there. Dh is continually getting screwed because he and bm never submitted their parenting plan so he pays CS but has Ss everyweekend (Dh pays full CS w/ no credit for time sharing-should only be every other weekend), we provide all transportation because bm refuses to meet Dh or drop off or pick up ss from our home (we live almost an hour from her), she claims Ss every year on tax return. So there is a lot that needs to be tweaked so in essence hopefully she files-she'll be doing Dh a favor so he can finally get his damn parenting plan established.

misSTEP's picture

I was recently diagnosed with endometriosis and didn't even know I had it! I've been working FT for a LONG time.

msg1986's picture

yeah, I've heard from people it's painful however the people I know that have have worked full time PLUS put themselves thru college and now have careers and they manage just fine. IMO, I think Bm does have issues with her illness however I also believe that she blows thing out of proportion. Dh said when they were together she suffered from depression because her grandfather that she barely knew committed suicide and was secretly homosexual. She alleged that it "ruined her life" ... she was like under 10 years old when he died.

misSTEP's picture

I also have ulcerative colitis so I just blamed the pain on that all this time. Blum 3

aharris72's picture

In Oregon, if you're not working it is presumed you can get a minimum wage job and work at least 40 hours. So they use the $9.75/hr x 40 hours a week to compute.

In our case, BM makes $3800 working three days a week. I think that if she can make that much an hour, they should compute her potential at 40 hours. She shouldn't get points for choosing to work less, IMO.

msg1986's picture

That's great that Oregon imputes income as well however wth is Bm doing to earn that in 3 days?? They should impute at potential as well, it's strange that it only seems that they look into potential earnings for non-custodial parent (like old jobs, education etc). We don't have that issue though, Bm's never worked a job where she was paid above min wage.

Orange County Ca's picture

I've found a web site that offers a free answer to a single legal question by an attorney in a state of your choosing. Of course they hope for your business and lacking anyone else maybe they would be good for you two.

Google "free legal advise" and try some of the sites. Skip past the sites first listed, they're advertisements for pay sites. Eventually you'll get an attorney to answer your question.

Trinka's picture

If she's genuinely sick she will get disability. That's no excuse to get money from an ex
Disability would effect CS she receives just like her working. Don't let her play the martyr card with DH.