CALIFORNIA FAMILY LAW
...Spousal Support
......Amount
.........Factors Considered
............Imputing Income/Paying Spouse
 18 Cards On This Topic:
  • When making spousal support award, court must consider paying spouse's earning capacity, as well as actual earnings.
  • Bona fide retirement is a change of circumstances at age 61.
  • Abuse of discretion to award spousal support to self-supporting H who doesn't need any assistance by imputing income to W.
  • Spousal support cannot be based on assumption that employee can retire and return to work in a different position.
  • No one may be compelled to work after usual retirement age of 65 in order to pay same level of spousal support as when he was employed.
  • Need not attribute higher income to paying spouse who leaves job to accept lower paying governmental position.
  • Nature of cessation of paying spouse's employment, voluntary or involuntary, irrelevant when considering statutory criteria in determining support obligations.
  • H's spousal support properly reduced to reservation when he quit high paying job to join monastery; support not based on ability to earn absent willful intent to avoid.
  • Payor may not reduce income for support purposes by contractual shift of income to creditor.
  • Award based on earning ability affirmed where H's early retirement motivated by desire to avoid paying spousal support.
  • Ability to earn test approved where H unemployed due to alcoholism.
  • Where paying spouse unemployed, better to continue support hearing to give chance to find employment so court can better evaluate efforts to become employed.
  • Burden on supported spouse to show that paying spouse is intentionally depressing income.
  • Actual earnings are test unless paying spouse intentionally depressing earnings.
  • If paying spouse intentionally lowers income, then ability to earn, not actual earnings, determines support.
  • H cannot avoid support obligation by refusing to seek or accept gainful employment because of religious beliefs. Support based on earning ability.
  • Intentional Reduction of paying spouse’s income on spousal support.
  • Cases discussing various aspects of intentional income reduction in child support cases.


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