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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9913
Experience:  Experienced Family Law Attorney
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In child support case where their is no income by the

Customer Question

In child support case where their is no income by the non-custodial parent, can the previous unemploymentn compensation be used as a source of income even if that has ended.
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

Thank you for your question.

Normally if there is no income that is earned by a parent with a child support obligation, the court will "impute income".

Basically the court will look to see what the parent is able to make, based on the person's education/skill/work experience and based on the local market. The court will generally only impute income if the court believes that the parent is un/under employed, as it is a strategy to encourage a parent to find gainful employment.

If the parent is located in an area with high unemployment and is making a good faith effort to secure work and is unable to do so, then generally the court will not impute income.

If they do impute income, they will try and determine what the parent should be making-based on their skills, etc.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 11 months ago.
With no income presently I was order to pay a higher support based on a modification hearing that I requested because of no income which I do not understand how that could have happend.
Expert:  LegalGems replied 11 months ago.

The court would have had to determine that the person was voluntarily under/unemployed; the other possibility is that if one does not show up at the hearing, the court can order any relief they deem appropriate.

Customer: replied 11 months ago.
None of that is the case, I was present and steadily continuing to look for employment. I have file for an appeal currently.
Expert:  LegalGems replied 11 months ago.

That would be the correct avenue if there is no justification for the imputed income.

Expert:  LegalGems replied 11 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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