CALIFORNIA FAMILY LAW
...Child Support
......Current C/S Guidelines
.........Income Defined
............Earning Ability/Capacity
5 Cards On This Topic:
  • Court may consider parent's earning capacity if consistent with best interest of child.
  • Use of earning capacity in lieu of actual earnings in setting child support.
  • Court may calculate guideline by “earning capacity,” utilizing only positive income numbers, rather than actual earnings when parent has high business expenses.
  • Where W remarried and voluntarily quit job, income for child support formula properly based on earning capacity rather than actual earnings.
  • Child support properly based on prior year's income where payor did not adequately document claim of reduced income.