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Imputed Income or Minimum Wage?

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The0racle

Junior Member
What is the name of your state (only U.S. law)? Oregon

About 18 months ago, my ex and I stipulated to a custody and CS agreement where ex (the CP) was currently unemployed but agreed to an imputed income of $38,000. My income is about $7,000/yr more. Five years ago, CP's income was $46,000.

CP is still unemployed and tier 3 benefits will run out by September. However, CP's parents are leasing and paying the $1100 lease payment on the town home the children and CP live in.

I'm concerned that CP will petition for an upward adjustment when unemployment benefits run out.

Since CP was unemployed at the time we stipulated to the imputed income, will the state likely review the Order if a petition is filed? Reviews are done every three years in Oregon, unless one party can prove a substantial change in circumstances.

If CP is imputed at minimum wage, will the calculation account for the additional $1100 rent payment CP's parents provide, or would that just be overlooked since it's less than the total amount of minimum wage for one month?

I don't make enough to support two households and as it is, my kids go without a lot of things already. I buy a pair of jeans or shoes here and there when I can, but have had to put purchases on credit cards due to a lack of cash.

Thank you.
 


CSO286

Senior Member
What is the name of your state (only U.S. law)? Oregon

About 18 months ago, my ex and I stipulated to a custody and CS agreement where ex (the CP) was currently unemployed but agreed to an imputed income of $38,000. My income is about $7,000/yr more. Five years ago, CP's income was $46,000.

CP is still unemployed and tier 3 benefits will run out by September. However, CP's parents are leasing and paying the $1100 lease payment on the town home the children and CP live in.

I'm concerned that CP will petition for an upward adjustment when unemployment benefits run out.

Since CP was unemployed at the time we stipulated to the imputed income, will the state likely review the Order if a petition is filed? Reviews are done every three years in Oregon, unless one party can prove a substantial change in circumstances.

If CP is imputed at minimum wage, will the calculation account for the additional $1100 rent payment CP's parents provide, or would that just be overlooked since it's less than the total amount of minimum wage for one month?

I don't make enough to support two households and as it is, my kids go without a lot of things already. I buy a pair of jeans or shoes here and there when I can, but have had to put purchases on credit cards due to a lack of cash.

Thank you.



What is your question????
 

The0racle

Junior Member
What is your question????

If CP is imputed at minimum wage, will the calculation account for the additional $1100 rent payment CP's parents provide, or would that just be overlooked since it's less than the total amount of minimum wage for one month?
 

CJane

Senior Member
I think it's terribly unlikely that a stipulated agreement will be modified only 18 months to 2 years after it was entered.

I also think it's terribly unlikely that someone who stipulated to $38K/year only 18 months ago and was unemployed AT THAT TIME would only be imputed a min. wage income.

In fact, I think you're worrying for nothing.

BUT, to answer your question, it's unlikely that the grandparents "helping out" with rent would be considered income.
 

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