If you are a stay at home parent who is in a middle of a divorce, a judge can "impute" income to you. This means that even though you are not working or earning any money, the judge can set a figure that he or she thinks you can make.
This income is then used as the amount you make when child support calculated, even though you are not actually earning this money. Income is imputed when a judge feels that you are capable of earning this money and this is the court's way of encouraging you to get a job.
So what happens if you have little education or have been out of the workforce for years and will not make the amount the judge has imputed to you? You can file a motion and ask the court to reconsider. But before you do that make sure to do the following:
1. Go to employment agencies and get letters from them on their letterhead stating how much they think you are worth in the job market based on your education, skills and experience.
2. Get quotes from daycare centers and babysitter, in writing, so the judge can see how much child care will cost you if you go back to work.
3. If you have been out of the workforce and need to go back to school in order to get a decent job, get quotes from schools that you can show the court. You can ask for rehabilitation alimony that will cover the time it takes for you to brush up on your skills and go to school.
It is crucial that you prove how much you are worth and can actually earn. If the judge imputes you an income that is too high and unrealistic, you will receive less child support.
Find out how to protect yourself and your children during a divorce..