Now that you and your ex-spouse have completed your divorce, the spousal support should start if it hasn’t already. However, if your spouse claims that they lost their job and cannot pay alimony, this could put you in a difficult situation, a situation that only your skillful divorce attorney can assist through a process called imputation.
If your previous spouse legitimately lost their job and is actively looking for employment, then the absence of spousal support may or may not be ordered and is typically only temporary. However, if your spouse purposely quit their job, purposely was fired, or is not putting effort into finding employment, the court in Oklahoma could “impute wages” and force him to pay alimony if your divorce attorney files an imputation motion.
Financial Obligation
The number one concern of a divorcing couple is going from one household with two incomes to two households with one income in each. While this can be stressful, it is important to remember that all parents have a financial obligation to their children, and the spouse that makes more income pays child support to the other parent.
It is very common for parents to withhold child support or spousal support from the other parent if they are angry or upset. However, as your divorce attorney will tell you, withholding child support is essentially withholding funds for the benefit of your child, and is not allowed under Oklahoma law if an order is in place.
Imputing Wages
When a court chooses to impute wages, they are ordering one spouse to pay spousal and/or child support based on the assumption that the paying spouse is working, even though they are not. The court bases the decision to impute income on the fact the spouse could and should be earning.
Another assumption the court makes when imputing income is that the parent is completely capable of working and thus capable of paying child support and/or spousal support.
Amount of Imputation
The amount of income imputed to the other spouse is based on the guideline base income plus factors the court takes into consideration. The baseline amount is minimum wage at 40 hours per week.
The factors the court considers are:
- Whether the parent is purposely or voluntarily unemployed.
- Whether there is in fact no evidence of income (lack of pay stubs, tax documents).
- Past Employment.
- Ex-Spouse’s past education, training and ability.
- Lifestyle of ex-spouse.
- Whether the ex-spouse cares for a handicapped or seriously ill family member or child.
Conditions of Imputation
Even though this sounds like an easy thing for your divorce attorney to accomplish, there are a few conditions that must be met before a court will consider this motion. First, the imputation of income must be fair and reasonable. A court will not impute income if the parent legitimately cannot obtain employment, did not voluntarily quit, or has a significant financial hardship.
Second, this option is only available for ex-spouses that are voluntarily unemployed or under employed, this is an important concept to remember.
Free Consultation with a Tulsa Divorce Attorney
Consulting with an attorney as soon as possible in this situation is very important in order to make sure you and your child receive the financial support that you deserve. An attorney can help you prepare for an imputation of income order, collect evidence, and advise you on what to expect at the hearing.
Hiring a knowledgeable and compassionate family law attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa family law attorney when you need to go through the Oklahoma divorce process.
For a free confidential consultation, call now: 918-924-5526.
