Question about Imputing a wage - California law??

[tne]

What is the name of your state? california

Hello,

I need some legal advice re: imputing the minimum wage to non custodial parent.

other partys attorney is claiming that a wage will be imputed to me since I am the non-cust parent.
I am disabled and have been for 6 years. I have drs excuse and he will not release me to work.

the current court order from 2003, did not impute me a wage, i also carry the medical/health etc.. insurance on child & other party makes $3000. a month. 30% time share is what i have. does anyone know this fact? I also have $10thousand in medical bills for child that I have to pay. thanks t

 

[ezmarelda]

What is the name of your state? california

Hello,

I need some legal advice re: imputing the minimum wage to non custodial parent.

other partys attorney is claiming that a wage will be imputed to me since I am the non-cust parent.
I am disabled and have been for 6 years. I have drs excuse and he will not release me to work.

the current court order from 2003, did not impute me a wage, i also carry the medical/health etc.. insurance on child & other party makes $3000. a month. 30% time share is what i have. does anyone know this fact? I also have $10thousand in medical bills for child that I have to pay. thanks t

beehold the wonders of the net... http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=All
start reading around 3500 or so

 

[tne]

re; california

hello,
thanks for your reply and I went to the site and found nothing that states wage imputing when one parent is unable to work/doctors excuse.

Last time we were in court a wage was not imputted to me but this attorney says it will be. can he legally state this without it being the law?

thanks Tony

 

[ezmarelda]

hello,
thanks for your reply and I went to the site and found nothing that states wage imputing when one parent is unable to work/doctors excuse.

Last time we were in court a wage was not imputted to me but this attorney says it will be. can he legally state this without it being the law?

thanks Tony

I was making the assumption that if you have been disabled for 6 years that you are collecting SSDI...your SSDI would be your "income" and cs would be calculated as such and/or your child/ren would/will collect benifits also
If you are saying that you are "disabled" for 6 years and have no income...it is very likely that the court will find that as *odd* as I do and will impute a wage that you should be capeable of making, usualy min. wage

4058. (a) The annual gross income of each parent means income from
whatever source derived, except as specified in subdivision (c) and
includes, but is not limited to, the following:
(1) Income such as commissions, salaries, royalties, wages,
bonuses, rents, dividends, pensions, interest, trust income,
annuities, workers' compensation benefits, unemployment insurance
benefits, disability insurance benefits, social security benefits,
and spousal support actually received from a person not a party to
the proceeding to establish a child support order under this article.

(2) Income from the proprietorship of a business, such as gross
receipts from the business reduced by expenditures required for the
operation of the business.
(3) In the discretion of the court, employee benefits or
self-employment benefits, taking into consideration the benefit to
the employee, any corresponding reduction in living expenses, and
other relevant facts.
(b) The court may, in its discretion, consider the earning
capacity of a parent in lieu of the parent's income, consistent with
the best interests of the children. (c) Annual gross income does not include any income derived from
child support payments actually received, and income derived from any
public assistance program, eligibility for which is based on a
determination of need. Child support received by a party for
children from another relationship shall not be included as part of
that party's gross or net income.

 

[tne]

re; thanks for the reply

hello,
unable to get the surgery needed for my back and neck. no ssi

thanks for the reply and research -I didnt read that far down.sorry

the other parent wants me to make the 5 hour transportation to pick up the kids or never see the kids again.

Well , the imputted wage is far less than a 450 a month fuel bill so ill just pay what she asks so I can see my kids. i understood (last time we were in court) she got a travel hardship why wouldnt one go to me? i shouldnt have to be denied visitation because of high cost of gas. she has always met half way ,now doesnt want to. oh well just doesnt seem fair.thanks again for your help. tony

 

[GrowUp!]

hello,
unable to get the surgery needed for my back and neck. no ssi

thanks for the reply and research -I didnt read that far down.sorry

the other parent wants me to make the 5 hour transportation to pick up the kids or never see the kids again.

Well , the imputted wage is far less than a 450 a month fuel bill so ill just pay what she asks so I can see my kids. i understood (last time we were in court) she got a travel hardship why wouldnt one go to me? i shouldnt have to be denied visitation because of high cost of gas. she has always met half way ,now doesnt want to. oh well just doesnt seem fair.thanks again for your help. tony

What does your parenting plan/court order say in regards to travel responsibilities? If it's not mentioned, what about the standard court parenting order (usually, the parent receiving is responsible for transportation).

Do you have an attorney representing you? Have you filed for disability? If you haven't and you've been under a doctor's order that you are unable to work, you shouldn't be surprised that this is being questioned by the other parent's attorney.