Video Script Below
The bottom line is even if you’re unemployed the court is probably going to make you pay child support, because the court assumes – absent of disability – you have the capability of earning income. So what they’re going to do is called imputing income to you. And generally, they will at least impute minimum wage to you, because you’re capable of working – you’re capable of earning minimum wage.
Now what can happen is if your husband or wife decides to, they can bring in a vocational expert who can actually testify to your earning potential. So sometimes you have somebody who was making a substantial amount of money, they take a decrease in pay in order to minimize their support and it winds up backfiring. Because now not only did they take a deduction in pay, but also, they are going to be held accountable to the income that they had previously.
So, the bottom line is the vocational expert can come in impute the income that you’re capable of earning. So if you’re capable of earning $100,000 a year, even though you dropped back down to $50,000, the court can find you’re capable of earning $100,000 therefore you’re responsible for paying child support according to that.
Now, there are defenses to this – there are plenty of defenses, especially in this economy. But it’s something we want on, look at individually on a case-by-case basis – whatever side of the issue that you’re on. Now another thing you might have to deal with is an argument that you might be trying to conceal some side income or some cash income. So that’s another thing we’ll want to look at when we address your case, when you meet with us.
Now why am I telling you this?
Because if you’re dealing with a divorce these are issues that come up again and again and again, and we have dealt with them over and over. We deal with them on a daily basis. If you have any questions, give me a call at the number below – I’d love to help you out any way I can.
Thanks for watching! I’m Steve Kramer."
Call 877.493.4847 and I’d love to talk with you.
If you prefer email, please use the Contact Form on the Right.
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