CALIFORNIA FAMILY LAW
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Child Support
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Amount
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Imputing Income to Parent
............Limitations
4 Cards On This Topic:
May not impute income based on highest income a person earned in boom years.
When imputing income based on earning capacity, figures cannot be drawn from thin air; must have tangible evidentiary foundation.
Court will consider earning capacity only if parent is avoiding responsibilities and it would be in child's best interests to impute earnings.
Ability to earn test properly refused where H moved and took 50% cut in pay 2 weeks before modification motion.