San Jose Divorce Attorney Discusses Imputation of Income for Child Support
Family Code states that the court may, in its discretion and consistent with the child’s best interests, consider a parent’s earning capacity instead of his or her actual income when making a guideline support order. Thus, in a situation where the supporting parent capable of working quits his/her job and refuses to work; or where the supporting parent has the ability and opportunity to earn more than he/she is earning but is unwilling to do so, the Court may impute that parent with income. Determination of the amount to impute is based on an objectively reasonable work regiment, as it would exist at the time the support determination is made. Therefore, the Court would not order an individual to work 100 hours per week, even if that person that the ability and opportunity to work that much.
In appropriate cases, the Court may also consider the parent’s ability to generate income from income producing assets when making a guideline support order. For example, if the parent was underutilizing investment assets, the Court may impute a higher rate of return for those underutilized assets.
If you or someone you know has a question about child support, or any other family law issue, the team of attorney’s at Sagaria Law may be able to assist you with your case. Sagaria Law handles all aspect of family law including divorce, custody, and support issues; and represents clients throughout the Bay Area. Contact our office today to schedule a free consultation with one of our attorneys today.