imputing income

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mschwartfigure

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Hello,

I am the custodial parent and at an administrative review for child support I was imputed an income. My ex didn't agree with the amount that he is supposed to pay so we now have a court date soon. He makes 15 an hour and was paying me 250 a month. He also has a younger child that he has an order for 250 a month. Well at the adminstrative hearing they told him that he should be paying me around 320 a month and that was with my imputed income.

I don't know the reason for him contesting because he had me served in a different state and I never recieved notice of the court date. I actually found out because I called the child support offices to see why the new amount wasn't being paid to me.

So I hired an attorney just recently because I can't handle anymore stress with him at the time. My attorney saw that I was being imputed at a very high rate that is unatainable in our area. He is filing an obejection to that.

I was living out of state with my husband our son and my son that I had with my ex. He had agreed 4 years ago that our son could move with me. It was for work purposes for my husband.

In March of this year we had the administrative review and and his child support was raised. I probably wouldn't have had a review done but he wouldn't exercise any of his parenting time. I would send my son back to Ohio and his Dad wouldn't even let him stay with him and he would only see him like 2 times for a few hours the whole time he would be there. My son is a good kid but his new step mom didn't want him there.

Well about two weeks after our review my husband was killed in an accident. I came back home to bury my husband which is the same home town as my ex. The kids and I went back to finish up business there and I let my son finish the school year because it was so close to the end of the year. We came back to Ohio in June where our families are. I had no family support at all where I was and we really needed them at the time and still do.

I didn't go back to work after he died. I just couldn't do it. We both worked at the same place. I also have a 3 year old son with my husband and we were working 61 hours a week. Both of my sons and I are recieving death benefits but they aren't near what I was making at my job.

My attorney is saying that they can't really say that my job loss was voluntary and the income they are calculating me at is not available here. So my question is do the magistrates really have any leeway on how much they can impute you at? Or the circumstances that you left your job can they take that into account.

I'm sorry if I rambled through this and I hope its understandable. Thank you for any help or info.
 
I am not sure the circumstances of your job loss matter. They likely will input what you are capable of making. Maybe you and your ex can work something out. Keep in mind that since you are the one that moved, you could still be on the hook for travel expenses. So what are you trying to accomplish? Are you trying to get more than 320 a month? Since he also pays support for a younger child, I do not think your support is going to go up much.
 
No, I moved back home where my ex lives. He still doesn't see his son. He is the one that is trying to get it lower then the 320 he was paying 250. When we were out of state I was the one who took care of all transportation but he still wouldn't take him.

I was wondering if what my attorney was saying was correct about the amount that they imputed me at? I came back home to Ohio where my ex lives and there aren't any jobs in our area that I was doing and at that pay rate.
 
Not sure nobody can predict what the judge will do but you still took a voluntary pay cut by voluntarily leaving the job.
 
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