child support

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Imputed Income

Income that may be attributed to an individual who refuses to obtain employment, chooses not to work for personal reasons, or chooses to earn less than is typical for someone with the individual’s training, education and skill. An individual cannot be forced to work but the court or decision-maker can attribute certain income levels to a person based on the person’s education or training, skill, and work history. Some States consider assets, for example, if the obligor is self-employed or owns real estate. This also may be the amount of income the court/administrator determines that an obligor is capable of earning if he/she does not appear at a hearing after proper service. Some will also attribute income to a custodial parent who chooses to remain unemployed. (See also: Disposable Income; Guidelines)

Question: How does imputed income work in child support calculations? I have recently gone back to school to better my earning capacity to take care of my children. I have been told that because I am a convicted felon I will not be employable and therefore the imputed income is my job at a bagel shop. Can I not get a reduction in child support to finish school because of my criminal history?

Answer: If your income decreases, your legal obligation may decrease if the court sees that it should be decreased.

 


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