This figure was based on an absurd computation of what my income "might be" (yeah, and if I lived among the clouds on the top of Candycane Mountain in the Kingdom of Daisies, I'd have a pony, too).
Yeah, it's called "imputing income," and it IS perfectly legal. But it has to be quantified.
ARE you under-employed, SP?
There's only two ways I've heard of it being done:
1. They can generically impute 40 hrs/week x minimum wage to low-skilled, unemployed folks, without having to prove anything.
2. They can hire an Occupational Evaluator -- at their own expense -- to demonstrate to Hizzoner/Heronner that ol' SP's skills are worth "$X", and there are, in fact, jobs within your area PAYING "$X", and they are reasonably available. You know, the ol' infield-fly rule: has to be "catchable with ordinary effort."
Unless they can PROVE you are
a) qualified for higher-paying jobs; and
b) turning them down (or not trying to find them),
in my opinion, they don't have a case.
Puppy
P.S. Just pray to God Himself that they don't submit into evidence your WRITING, b/c it's worth gold.