Determining imputed income

It is assumed that most parents in Wichita have no problem supporting their kids. Yet like many of those that we here at Stange Law Firm have worked with in the past, you might find yourself dealing with an ex-spouse or former partner that cannot (or does not want to) do it. He or she might get the idea that as long as he or she is not drawing in income, the courts cannot impose a child support obligation on him or her. He or she will likely be unpleasantly surprised to find out that is not the case.

Child support is indeed determined by evaluating the gross monthly income both you and your kids’ other parent brings in. In cases where his or her income is limited, the court will investigate why. This is where the idea of “imputed income” comes in. The term “imputed income” is typically used to classify non-monetary benefits. For example, according to the Kansas Judicial Branch, if your former spouse or partner receives reimbursement from an employer that help to reduce his or her living expenses, the value of those benefits are taken into consideration when determining his or her imputed income.

There are other scenarios where imputed income is viewed as income your former spouse or partner could be earning. These include:

• Him or her deliberately remaining unemployed
• Him or her losing a job due to his or her own misconduct
• Him or her deliberately being underemployed

Without documentation or proof suggesting otherwise, the court assumes that all able-bodied adults can work 40 hours a week. Thus, it also looks at your ex-spouse’s or partner’s earning potential when determining child support payments. More information on child support obligations can be found here on our site.