CALIFORNIA FAMILY LAW
...Child Support
......Amount
.........Imputing Income to Parent
............To Custodial Parent
8 Cards On This Topic:
  • Court may consider parent's earning capacity if consistent with best interest of child.
  • Any imputation of income to custodial parent must be supported by substantial evidence that doing so is in the children's interest.
  • Imputation of income to custodial parent might be appropriate so as to permit noncustodial parent to spend more time with children.
  • When making child support order, error to impute income to custodial parent without considering whether doing so is in best interests of children.
  • When H admits ability to pay, court examines only need in making child support award.
  • Fam. Code grants trial court broad discretion to consider parental earning capacity consistent with best interests of child. Bad faith showing not required.
  • Cases holding best interests of children must be considered when imputing income to custodial parent.
  • Cases in which imputation to custodial parent was affirmed.