Imputing Income in Child Support


#1

How hard is it to impute income? Ex has ivy league masters degree in urban planning and worked in city government for 7 years, earning 50k per year until 2011. Divorced 2017. For last 6 has been a p/t waitress and aspiring artist, but with off-the-books income from both. I have two jobs, masters in ed and teacher, my income [all state on-the-books] is more than double hers.


#2

Imputing income can sometimes be difficult. To be done, you must show that your ex is underemployed in bad faith (or deliberate suppression of income).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I understand that but wondered if a judge would even consider that the individual with a masters from an ivy league college and experience as a city planner refuses to find full time work and spends many hours painting and posting about art shows on the internet, but those earnings and some of her tips, as well as catering dollars are not declared. They only work part time and make substantially below their potential. Is it simply based on gross declared earnings? What type of burden of proof do I need?


#4

The judge would consider that evidence but would also consider her evidence as to why she has chosen a different career path.

Income for child support purposes is based on gross income from any source, not just reportable/declared earnings. It sounds like you would need to do some discovery to get the information that you would need for a trial: you will want tax returns, all evidence of income such as sales receipts and invoices, checking account statements, etc.

The standard of proof is by a preponderance of evidence, so a standard of “more likely than not” what you are trying to prove is true.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.