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Here it Is Folks, New York State "MAY" Impute Income on the NCP (NO Mention of Imputing on the CP)

thinkthrice's picture

Submitted by thinkthrice on Wed, 10/22/2014 - 8:14am

http://www.liftonline.org/guides/pdf/guide_109.pdf

Page Four:

"Sometimes the court may impute to the
non-custodial parent income that other household members earn. Impute means to assign or to attribute. When someone’s income is imputed to you, it increases your total income in the eyes of the court. It may increase the amount of child support you are ordered to pay."

Once again, NO mention of imputing income for the CP! So basically a BM could marry Bill Gates, be a SAHM and be considered a pauper, whereas an NCP biodad with little income could just be a ROOMMATE with someone who has money and the roommate's income could conceivably be imputed.

I realize this is worse case scenario but GEEZ!!!

Comments

Sports Fan's picture

Submitted by Sports Fan on Wed, 10/22/2014 - 8:19am

They can do the CP as well. They are in our case. It's not a lot and only affects the extras but it's something.

I wouldn't worry too much about this happening. I had long talks with our lawyer about this before and after I married DH because I worried about the same thing. Our lawyer told us that any imputing of income for a NCP partner is extremely rare and only in cases where there is some other reason, like hiding income.

You found that other form so use that one. I really doubt it would come up and if it does, you aren't married to SO. I really can't see a court using your income when you could leave at any moment.

thinkthrice's picture

Submitted by thinkthrice on Wed, 10/22/2014 - 9:34am

Wink It's going in today as soon as I can get Chef's signature notarized. I'll make a trip down to white trash nationville and submit it. Can't wait for the Behemoth's Xmas present of a process server at her door. }:)

GhostWhoCooksDinner's picture

Submitted by GhostWhoCooksDinner on Wed, 10/22/2014 - 9:28am

NY state sucks in every way possible. I can't begin to tell you how badly I want to move. Anywhere.

hereiam's picture

Submitted by hereiam on Wed, 10/22/2014 - 9:41am

You are not married, I assume you have separate bank accounts and such, and I believe it's your house, so this is where you draw up a contract that shows that Chef rents a room in your house. You are roommates.

thinkthrice's picture

Submitted by thinkthrice on Wed, 10/22/2014 - 9:44am

Oh yeah, i used to have rental property and was quite good at it. At one time I made up a rental agreement (month to month) thinking that Chef would be able to qualify for some sort of help as he was contributing virtually NOTHING to the household and his three eating machines were burning up all my utilities, food bill, damages, etc. etc.

Come to find out that with ALL the programs in NYS, they don't consider the massive CS that Chef pays as a legitimate expense that takes away from his earnings.

kathc's picture

Submitted by kathc on Wed, 10/22/2014 - 1:01pm

You should suggest to him that he get a little apartment by himself "temporarily" so that they don't make him pay more based on your income...

Then put up a for sale sign and move!

thinkthrice's picture

Submitted by thinkthrice on Wed, 10/22/2014 - 3:53pm

I know right? Well he's going to get walloped this year in taxes. No more claiming skids as he's rolled over on that one. Didn't want to litigate. So I suggested that to compensate, I buy rental property, namely a duplex.

I'm sort of expecting a promotion next year so I'll need the write off. I'm thinking eventually he'll get angry and storm off to one side of the duplex. Which will be great especially if he gets the notion to start kissing his "angels" netherquarters again.