Imputed income


#1

Dear Pookie:

If the debts are in her name alone, stop paying them. Maybe you also need to file for bankruptcy. Stop paying for her to sit around and do nothing. You should have a written agreement as alimony (but not child support) is tax deductible to you if paid pursuant to an agreement. I would have to sit down and review all of your income documents before answering anything directly about her chances for increasing child support. Also, file for divorce.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My estranged wife to whom I am currently paying child support and covering all of her living expenses, purposely quit her very well paid job as an Executive Assistant when we separated. She now claims she is unable to work due to illness, although she did work full-time throughout the marriage with the illness.

The child support I pay is by verbal agreement however she would like more and I can’t afford to pay more (she thinks I can, but as stated in a previous posting, I am already paying her old debts as well as my own living expenses). Her income was half of mine (when she was earning). If she were to go to the CSE would they use her income from when she was employed or use Minimum wage? This makes a huge difference in the calculation and I am already paying more the guidelines state based on my income.

We don’t have a written agreement should I get her to sign one? I have been paying the same amount for almost 2 years, does she have a case for increasing the payment? It more than covers the childrens expenses and I buy all their clothes and school equipment.