When it comes to determining the appropriate amount of child support or alimony in a family law case, the court will consider a range of factors, including the income of each party. What happens when one party is not currently earning an income but has the potential to earn an income? In these situations, the court may decide to impute income to that party to calculate an appropriate level of child support or alimony.
Imputing income is a legal concept to assign income to a party, even if they are not actually earning that income. A judge may impute income to a parent who is not currently working but who has the education, skills, work experience, and job opportunities to earn a certain income. In this case, the court may determine that the parent should be earning that income and use it to calculate the appropriate amount of child support or alimony.
Another reason why imputing income may be appropriate is if a party is intentionally earning less than they are capable of to avoid paying a higher amount of support. For example, if a parent quits their job or takes a lower-paying job to reduce their income and lower their support payments, the court may impute income based on what the parent could be earning if they were working to their full potential.
The decision to impute income should be based on the specific circumstances of the case, and the court will consider a range of factors when making this decision.
If you are involved in a family law case and are concerned about the issue of imputing income, it’s important to speak with a family lawyer. A lawyer can help you understand whether imputing income is appropriate in your case and can assist you with any legal proceedings related to alimony or child support.
In conclusion, imputation of income is an important concept in family law cases that can have a significant impact on the amount of support that a party is required to pay. If you have questions about imputing income or any other aspect of family law, don’t hesitate to reach out to one of our lawyers for guidance.
