CALIFORNIA FAMILY LAW
...Child Support
......Amount
.........Imputing Income to Parent
............Guidelines/Procedure
 20 Cards On This Topic:
  • Where parent left job with the intention of reducing income for support purposes, income may be imputed at former level without evidence that parent has current ability to earn at that level.
  • Court may not impute minimum wage income where no evidence parent had the skills or opportunity to earn such income.
  • Moving party has the burden of showing ability and opportunity to earn imputed income (or lack thereof); guidelines for imputation of income.
  • Trial court properly exercised its discretion in imputing income to mother based on her monthly bank deposits.
  • When H terminated for cause, trial ct. must have evidence of opportunity and ability to work before imputing income for c/s purposes; Parties’ respective burdens discussed.
  • Given W's total unwillingness to seek full-time work, imputation of income justified; H had no burden to convince court W ••would have•• secured job had she applied.
  • In imputing income per Fam. Code §4058, Court of Appeal will not carve out exception for 'caregiver' parents that would be inharmonious with language and policy of statute.
  • Child support properly based on earning capacity rather than actual earnings where H quit job to find self fulfillment in own business; bad faith rule rejected.
  • Support award may be made on earning ability rather than actual earnings even where no deliberate or intentional conduct designed to avoid family responsibilities.
  • Lacking evidence mother was shirking work, no substantial evidence to support implied finding she had earning capacity exceeding actual income.
  • Burden is on party seeking reduction in child support to show that monies passing through checking account were not income.
  • Payor may not reduce income for support purposes by contractual shift of income to creditor.
  • Imminent receipt of inheritance may be considered in setting child support.
  • Child support award based upon ability to earn, despite H's being unemployed almost 2 years. Factors to consider.
  • Court in dissolution action can consider earning capacity if evidence of failure to seek employment.
  • In absence of statement of decision, earning capacity argument rejected on appeal.
  • Ability to earn test approved where H unemployed due to alcoholism.
  • Income defined under guidelines.
  • Cases discussing various aspects of utilizing earning capacity, as opposed to actual earnings, in calculating child support.
  • Cases discussing various aspects of imputing income for the purposes of calculating child support.


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