When I have heard of this being the case was when a parent showed no income and the children were of school age…I’m not sure what they would do with just being minimally employed.
My husband’s ex was questioned on the stand as to why she did not attempt to work more hours. She was only showing 20 hours a week and both children in school…
You could argue this. I would say that more than likely you will need to subpenoa her finacials to show that she’s bringing in more or that she has worked more in the past just to show the judge that she is choosing not to work more so that she will get more in child support.
The court can impute income, but it is within their discretion. If she is working part time and it was the pattern during your marriage for her to stay home, the court may continue that pattern. Your attorney knows the facts of your case much better than I do and likely is basing that on all of the factors present in your case.
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Helena M. Nevicosi
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Hello,
My attorney has advised me that the court will not impute income to my wife when calculating child support. She works on average 15 hours a week but makes $35-$40 an hour. She claims she cannot work more because she has to be there when the kids get home (middle school age), however, I take them to the bus stop in the morning and they do not get home till 4:00. I make 65% more than her since I work full time.
I am posting this question because I have read several other posts that mention income can be imputed for the purpose of child support calculations. Would appreciate some guidance if possible.
Thanks in advance. What a helpful resource this forum has been.