Stipulated Judgment ¶46 — Income Figures Used in 2022 Support Calculation
Source: Stipulated Judgment, FL-180 Attachment, IRMO Nibley Case No. 20FL010940C, entered June 17, 2022.
Operative text (verbatim)
¶46. “The aforementioned child support is based on the following factors:
- Charles’ gross monthly income of $15,154
- Charles’ 401(k) contribution of $1,212 per month
- Charles’ Health insurance deduction of $393 per month
- Charles’ Tax filing status of Single + 1 exemption
- Charles’ timeshare of 48%
- Jennifer’s gross monthly income of $3,706
- Jennifer’s union dues of $27 per month
- Jennifer’s mandatory retirement of $167 per month
- Jennifer’s tax filing status of Head of Household + 3 exemptions”
Operative figures
| Factor | Charles | Jennifer |
|---|---|---|
| Gross monthly income | $15,154 | $3,706 |
| 401(k) / mandatory retirement | $1,212 | $167 |
| Health insurance deduction | $393 | — |
| Union dues | — | $27 |
| Tax filing status | Single + 1 | HoH + 3 |
| Timeshare | 48% | 52% |
Strategic relevance
This paragraph is the 2022 stipulated baseline for any subsequent support modification analysis. Critical for two reasons:
-
Imputation defense. Where the opposing party seeks to impute income to Charles at or above the 2022 figure, ¶46 establishes only that $15,154/month was Charles’s gross income at the time of the original judgment, when he was employed at Northrop Grumman. Subsequent changes — including the February 2025 layoff from Parry Labs and the transition to the Mail Station C-corp under a ROBS arrangement — are post-judgment circumstances. ¶46 does not establish earning capacity for purposes of imputation; it documents historical income only. Earning capacity imputation requires the additional procedural showing of FC §4058(b)(1)(A) and ideally a vocational evaluation under FC §4331.
-
Modification baseline. Any FC §3653 retroactive modification analysis (see FC §3653 - retroactivity of support) is anchored to the figures stipulated in ¶46. The Xspouse calculations submitted by opposing counsel must be tested against these stipulated baselines and the documented intervening changes.
See Objections to Petitioner’s Xspouse Calculation and Responsive Declaration for the comprehensive memo addressing the support-side issues.
Cross-references
- FC §4053 - uniform child support guideline
- FC §4058 - annual gross income
- FC §4058(b)(1)(A) — earning capacity imputation
- FC §4331 — vocational evaluation
- Stipulated Judgment ¶49 - Health Insurance Reasonable Cost — companion support-side provision
- Objections to Petitioner’s Xspouse Calculation and Responsive Declaration