The court imputed my income to pay child support since I was underemployed at the time of my divorce.
Now my ex-wife is unemployed and I have a job but the court will not impute her income in a child support modification case.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Colorado child support laws where I am licensed to practice.
It sounds as though you have litigated the issue of child support and the judge refused to impute her to her prior income. Imputation of income is not a hard and fast rule.
Where I practice, the general rule states, “If a parent is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income; except that a determination of potential income shall not be made for a parent who is physically or mentally incapacitated or is caring for a child under the age of thirty months for whom the parties owe a joint legal responsibility.”
There are also exceptions for a finding of voluntary underemployment if a parent has temporary employment that is reasonably intended to result in higher income in the foreseeable future, the employment is a good faith career choice that is not intended to deprive the child of support, or if the parent is enrolled in a good faith educational program that is reasonably intended to result in a degree within a reasonable amount of time and will result in a higher income.
So there are a number of exceptions that may be applicable in your situation. I simply don’t have information to state with certainty what factors the court may or may not have considered in making that determination. But she may fall within an exception.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.