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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29930
Experience:  29 years as a family law lawyer .
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I have several questions. My wife currently has joint legal

Customer Question

I have several questions. My wife currently has "joint" legal custody of her son from a previous marriage and pays child support due to the fact that he has a higher income than her exhusband. In August of 2008 my employeer outsourced the division that I worked for. During this process, I was transitioned to the new company with the expectation that my wife and I would relocate to Dallas, TX. I currently make about $35,000 more than my wife and I am considered the "bread winner" in our family. My wife does have a fairly good job, but due to this relocation she will have to leave her current employement, not willfully, but becuase we don't have a choice. My question is, can her salary be imputed? My thought is that no, her salary should not be imputed due to the circumstances. Second question, my wife's exhusband made roughly $60,000 in 2007 and $35,000 in 2008 (mainly overtime in 07). Can we require that his income for the 2 years be averaged? He avoided overtime in 2008.
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question. She can motion to modify here. If she has no income since she relocated they may well reduce here income. They will not consider your income by law here so that isn't a problem. they may impute to her some income here but it is likely to be a lot less.

And they may well look at both of his year's salary and average. The court has this discretion and makes this kind of call. Certainly it would be a factor in the matter here. So your wife might be in for a reduction here of some amount of support based on her change of circumstances unless she finds another job right away.

As far as support here she has little to loose in trying to reduce her obligation in the matter.This would be one of those unique kinds of cases the individual judge would have to make some calls here to decide how much to reduce. I wish you good luck here and a happy new year!



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Customer: replied 5 years ago.

 

So, "impute" doesn't mean that 100% must be taken only that some salary will be imputed? What does the court generally consider when deciding how to handle a situation such as this?

 

Also, in a court considering to average multiple years of income together to determine a support obligation what are they looking for specifically to justify this decision?

 

Two additional questions... We pay for a cell phone for the child so he can contact us as well as the other party depending on where he is. Can we ask for credit on the child support worksheet for this expense? Also, how is "travel" expenses generally handled in a long distance custody case? We are relocating, but the father will no longer have "local" travel expenses between the two homes. Can we ask that the father be responsible for a portion of the travel expenses?

 

Lastly, would you be able to provide and cases or other documentation that would assist in arguing these points? As previously mention, we have an attorney, but I would like to offer up some suggestions of law/presidents to backup what we are asking her to accomplish.

Expert:  RayAnswers replied 5 years ago.
They would impute some income for her. They would look at what she made when she ws working here. Court has wide discretion here to decide what is "fair". You can try here for credit for the phone as it is a legitimate thing you pay for and should be counted to me.And yes you can negotiate on the travel expenses.


Here's cases..


http://www.sog.unc.edu/programs/dss/200411FundamentalsSSLaw/200411MasonImputingIncome.pdf

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