Imputing income for alimony and child support


#1

My stbx has not worked in a few years. What proof do I need to gather that would result in the court imputing an income for him? He will be filing a claim for alimony due to my marital misconduct (affair), however I feel very strongly that he is perfectly capable of working and just isn’t. I don’t dispute that I owe him some alimony but the amount he gets should factor in that he should at least try to support himself. The kids went to daycare despite the fact that he was home every day, and his non-work was a huge issue in our marriage. I am the custodial parent.


#2

You can present evidence as to his education level and work history. The fact that the kids went to day care when he was home everyday should also be helpful in painting a picture to show he is not working simply because he does not want to.


#3

A spotty work history with periods of unemployment would help with this as well I assume?


#4

It should.


#5

He is now claiming that he didn’t work all that time because he was severely depressed, to the extent that he couldn’t get out of bed and find a job. And that now he cannot find a job due to the economy. Is this valid? I would think he should be on disability or some other program if he were so depressed he could not work, or that he’d have to show some evidence that he at least tried to get help for the depression. Also I would think he’d need to show evidence that he really has been looking hard for work.


#6

Unless he can produce medical records which show he was unable to work a judge should be able to see through his act.


#7

Erin, you have been a LIFESAVER! Thank you so much for all you do in this forum. I don’t know if you’ll ever understand how much you help people day after day!!!


#8

You are most welcome. I am happy to help.