QUESTION
How does imputed income factor into a child support modification?
Asked on Jan 09th, 2014 on Child Custody - Texas
More details to this question:
My ex-husband signed an uncontested child support order in 2002, and has never paid all the support and expenses listed in the order, even though he made more money as the years past, and had rental property income. He now has remarried, bought a new house and is self-employed but states he himself is now making only minimum wage and so wants to pay less than $200.00 a month in support. If I cannot prove he makes more money than he claims to the IRS, can I use imputed income citing the pattern over the years? He has a masters education.
2 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, if the court finds that he impoverished himself, he will not likely be awarded a reduction in his child support obligation. He usually cannot claim remarriage and/or a voluntary increase in his costs of living as a basis for modification of child support either, but don't count on the court assuming that you win and your ex loses. This will not necessarily be an easy win for you. Courts think and rule in mysterious ways. You will need to prove these things to prevent the court from ruling in your ex-husband's favor.
Answered on Jan 13th, 2014 at 11:56 PM
Civil Litigation Attorney serving Dallas, TX
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Ginsberg & Associates
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Yes you can use imputed income to bare child support on. You usually do it by showing mortgage payments, car payments and other expenses. Rental income gets put into his income as well. If he is intentionally under employing himself that is also factored in to equation.
Answered on Jan 10th, 2014 at 10:28 PM