CALIFORNIA FAMILY LAW
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Child Support
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Amount
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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.