What You Need to Know About Imputing Income for Child Support in California
In the context of child support, imputed income is when a court orders an income to a parent. Here’s everything you need to know about imputing income for child support in California.
Imputed income can be credited to a parent to determine support for a child. This is done in the case that a parent is underemployed or not working. Judges will impute income to verify that the needs of children are being met while ensuring that parents are not neglecting their responsibilities.
What does it mean to impute income in California?
Imputed income for child support in California refers to the income a court assigns to a parent despite the parent not having that income. Courts will impute income to ensure a child is being financially supported by the parent, particularly if the parent is found to have intentionally reduced their income.
Related: Child Support Uniform Guideline: CA Family Code 4053
Assigned imputed income is based on the parent’s earning capacity. Therefore, the court looks at the reason behind a parent being unemployed or underemployed before deciding on an amount. There are a few different circumstances that precede a court deciding to impute income. These include:
- A “supported” party being unwilling to work for the purpose of gaining more alimony
- A “supporting” party purposefully being unemployed for the purpose of avoiding having to pay alimony
- A parent is unwilling to work in order to avoid paying child support
- Either parent is unwilling to work at their highest capacity because of attorney fees
How do courts decide on the amount of income to impute?
California courts determine the amount of income a parent should impute based on their earning capacity or income potential. This is based on three factors, the first being the parent’s ability to work. The ability to work is decided upon by evaluating the parent’s level of education, work skills, and history of employment.
Related: 7 Factors That Determine Child Support in California
The second factor is the willingness to work, in which case courts look at the parent’s behavior. Elements of the behavior that the court focuses on include whether or not the parent is searching for jobs, taking part in interviews, or sending out his or her resume.
The third factor used to determine earning capacity is the opportunity to work, which focuses on how available jobs or opportunities are nearby the parent in question. This takes into consideration whether or not there is an employment slump or if companies relating to the parent’s field are looking for more workers.
The amount the court decides to impute is dependent on individual case details. The court will review evidence dealing with the job salaries the parent qualifies for. If it is determined that the parent has both the ability and opportunity to work, this evidence will assist the court in determining an amount. Oftentimes, a court will assign the last salary the parent had as the imputed income. Moreover, the court will impute minimum wage if unable to decide on an amount.
FAQs About Imputing Income for Child Support in California
Can the court impute income to prison inmates?
The court cannot impute income to prison inmates. This is essentially due to the fact that individuals in prison are unable to work.
Is the court able to impute income for attorney fees?
The court is able to impute income for attorney fees. Thus, the court can evaluate the earning capacity of a party when regarding attorney fees.
In the case of a partner changing their work hours from overtime to regular hours, will a court impute income?
In short, the answer to whether a court will impute income if a partner changes their hours from a large amount to an average amount varies. The court will determine if the hours the partner changed to are reasonable under his or her particular circumstances and make decisions according to that.
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