child suppport and imputed income

[texgirl]

What is the name of your state? Texas

My ex pays child support based upon an imputed income because the judge determined him to be under-employed. This has been the case for the last 6 years. I am wondering whether there is any hope of ever getting an increase in child support given this situation. Ex works for his wife and it seems unlikely she will ever increase his reported salary. Of course, as our daughter has gotten older, her expenses have grown.

 

[nextwife]

Time for the FA crystal ball.

Actually, not all of us see increases in our salaries just because our kids get more expensive. In my industry, and in my husband's, profits are down, competition is up, and the money employers can offer as salaries has actually DROPPED over the past 10 years (we are not paying CS anymore as his kids are grown, but we are supporting our 9 year old). So even if he weren't working for his wife, it's not automatic that everyone makes more just because some years have passed.

Certainly you can and should research his field and salary levels in his area for his experience ands skill level and see if you can document that his imputed salary is too low.

 

[GrowUp!]

What is the name of your state? Texas

My ex pays child support based upon an imputed income because the judge determined him to be under-employed. This has been the case for the last 6 years. I am wondering whether there is any hope of ever getting an increase in child support given this situation. Ex works for his wife and it seems unlikely she will ever increase his reported salary. Of course, as our daughter has gotten older, her expenses have grown.

What did they impute his salary at? Please note the bolded words. Those are key.

 

[nextwife]

What percentage salary increases are you seeing in your marketplace? What percentage did your salary increase?

 

[texgirl]

Thanks--certainly you are right about the fact that salaries don't automatically rise, however I have researched salaries in my ex's field and the imputed income seems low. Also, although my ex is paid as a contract worker (1099), in fact he works only for his wife, has his own office there, a direct phone line, is listed with a title on the website, etc. My own reading of the situation is that maintaining 1099 status is a way to keep his income artificially low. At the last hearing, my lawyer thought many of his expense deductions were dubious and aimed to further decrease his earnings.

 

[texgirl]

What percentage salary increases are you seeing in your marketplace? What percentage did your salary increase?

In my own field, salaries generally rise 3-5% a year, part is cost of living, part is merit.

 

[texgirl]

What did they impute his salary at? Please note the bolded words. Those are key.

$30,000 net.

 

[GrowUp!]

In my own field, salaries generally rise 3-5% a year, part is cost of living, part is merit.

Is that guaranteed...as in IN WRITING?? If so, I think many of us would LOVE to be guarantee at least 3% increase every year. But I am guessing it's not...which is exactly the point that's being made.

 

[GrowUp!]

$30,000 net.

So why are you complaining then? How much do you make per year?

 

[texgirl]

Is that guaranteed...as in IN WRITING?? If so, I think many of us would LOVE to be guarantee at least 3% increase every year. But I am guessing it's not...which is exactly the point that's being made.

Cost of living is guarunteed. Yes, I have a great job. I worked long and hard to get it and continue to do so, to keep it.

 

[texgirl]

So why are you complaining then? How much do you make per year?

In my state, what I make is not relevant to child support (and it is none of your business). It is calculated as a straight 20%. As for my "complaints," I don't think NCP's should get away with hiding income in order not to pay their fair share. It is an ethical stance.

 

[GrowUp!]

Cost of living is guarunteed. Yes, I have a great job. I worked long and hard to get it and continue to do so, to keep it.

Well you are one of the lucky ones. Many of us, including me, worked long and hard to get where we're at, but we're still NOT guaranteed AT LEAST 3% COL every year. SOmetimes it's 2%. The point is that NOT EVERYONE is guaranteed a COL annually. Some are lucky to still have a job.

IN this country.

 

[texgirl]

Well you are one of the lucky ones. Many of us, including me, worked long and hard to get where we're at, but we're still NOT guaranteed AT LEAST 3% COL every year. SOmetimes it's 2%. The point is that NOT EVERYONE is guaranteed a COL annually. Some are lucky to still have a job.

IN this country.

I am confused. Certainly, there is tremendous inequity "IN this country" (as opposed to where? Sweden? Denmark?) in relation to salaries, benefits, and raises, but what has that got to do with my query? And actually, I don't feel I need to apologize for having a good job.

 

[GrowUp!]

In my state, what I make is not relevant to child support (and it is none of your business). It is calculated as a straight 20%. As for my "complaints," I don't think NCP's should get away with hiding income in order not to pay their fair share. It is an ethical stance.

Just the answer I thought you'd respond with. What you make is VERY MUCH relevant to child support. Just because your salary is not calculated does NOT mean you are not financially liable. You should stop your complaining and be very grateful that he was imputed a salary of 30k. Look around on this site and you'll see many parents who are imputed a measly minimum wage income. You should be lucky it's not 12k or so/year -- if that! If you believe the NCP is hiding income, then prove it.

Plus, you are misguided to think that child support can be raised "just because." CS is for the necessities...and if you are having problems, then perhaps you should review what kiddo is doing. Collecting CS does not mean you're exempt from telling kiddo "no."

 

[Ohiogal]

I am confused. Certainly, there is tremendous inequity "IN this country" (as opposed to where? Sweden? Denmark?) in relation to salaries, benefits, and raises, but what has that got to do with my query? And actually, I don't feel I need to apologize for having a good job.

What it has to do with your query is the fact that NOT EVERYONE (including your ex-husband) is guaranteed or receives a yearly COLA. You are lucky. Deal with the 30k imputed to your ex and go from there.