By Daniel Exner
Mens Divorce Lawyer, Cordell & Cordell
Being unemployed and facing child support payments is a scary proposition. It gets even more daunting when courts impute income to an out-of-work father.
In child support cases, many jurisdictions allow the court to impute income to a party who makes a voluntary and unreasonable decision regarding his or her employment.
The term is called “shirking” and the question is whether the decision to not return to the workplace is reasonable.
The general rule is that a parent remains obligated to make reasonable choices that will not deprive his or her children of the support to which they are entitled.
If imputing income is available, a divorce lawyer will have many questions to determine whether the circumstances of a case present a shirking argument.
Say, for example, you shut down a small business you owned right after the filing for divorce. Then an attorney would specifically want to know the background of your business, your earnings over the last several years, why you decided to close your business and your plan, if applicable, for obtaining comparable work.
How Much Should You Be Paying:
Of the states that impute income to a parent, jurisdictions also vary as to the amount of income that is imputed. Some jurisdictions determine whether a party is capable of work, and if so, the court will impute minimum wage and determine the number of hours a party is available for work per week.
Some jurisdictions impute to earning capacity or earning potential. Often times a vocational evaluation must be performed by a vocational expert to determine the earning capacity of a party.
However, some courts have recently been reluctant to impute income to earning capacity given the present economy and lack of jobs available.
If you would like legal advice on divorce or help calculating child support, Cordell & Cordell has mens divorce lawyers located nationwide. To schedule an appointment with one, including Daniel Exner, a Staff Attorney in the Milwaukee, Wisconsin, office, please contact Cordell & Cordell.
3 comments on “Paying Child Support: Will Your Income Be Imputed?”
You, a white male (I’m guessing) are considering changing your sex to a female Muslim to gain equality? Oh how the tides have turned!
its bogus that i fight for a country that doesnt give a care about the people in it being treated equally. im considering a sex change to a muslim female just so i can be treated equal and better
Imputing income is nothing more than a Marxist redistribution of wealth in the face of bad economic times
Given the current bad economy and the massive lay-offs and downsizing of companies, the courts have willfully and unconstitutionally refused to reduce/modify child support and alimony for the obligors. Instead, they impute the income to the previous salary when the obligor was employed. Given that the obligor is NO longer employed at that salary level, and is more than likely unemployed for extended periods of time, for judges to even consider imputing income, is a violation of their Oaths of Office to uphold, support & defend the US Constitution and State Constitutions which prohibit involuntary servitude, imprisonment for debt, and gender discrimination based on one’s marital status and economic status.