As family law practitioners in San Diego, we frequently encounter cases where one parent believes the other is deliberately underemployed or unemployed to avoid child support obligations. In California, courts have the authority to “impute” income to a parent who is earning less than their potential. Let’s explore this important concept that significantly impacts child support determinations in San Diego County.
What is Income Imputation?
Income imputation occurs when the court assigns income to a parent based on their earning capacity rather than their actual earnings. This typically happens when a judge believes a parent is deliberately earning less than they could to minimize child support payments.
Legal Basis for Income Imputation in California
In California, the legal foundation for income imputation is found in Family Code Section 4058(b), which allows the court to consider a parent’s earning capacity rather than actual income when determining child support. To impute income, the court must find that:
- The parent has the ability to work
- The parent has an opportunity to work
- Imputing income would be consistent with the children’s best interests.
Evidence Required in San Diego Courts
To successfully argue for income imputation in San Diego, attorneys typically need to present evidence that demonstrates:
- The parent’s work history, education, and skills
- Available job opportunities matching the parent’s qualifications
- Current prevailing wage rates for comparable positions
- The parent’s ability to work (physical and mental health)
Vocational Evaluations: A Critical Tool
In complex cases, San Diego family law attorneys often recommend vocational evaluations. These assessments, conducted by qualified vocational experts, provide the court with a professional opinion regarding a parent’s employability, potential income, and available job opportunities.
Imputation of Income Beyond Employment
Additionally, if a party has non-income producing (or under-performing) property, the judicial officer may impute passive monthly income in addition to the earnings of a parent. For instance, if a parent with significant assets is not generating reasonable returns, the court might impute a reasonable rate of return on those assets.
Challenging Circumstances
San Diego courts recognize that not all income reductions are motivated by a desire to avoid child support. Some legitimate circumstances are:
- Economic downturns affecting specific industries
- Necessary career changes
- Health issues
- Educational pursuits that will ultimately benefit the children
- Childcare responsibilities
These factors may persuade a San Diego judge against income imputation, depending on the specific details of the case.
Strategic Considerations for San Diego Family Law Attorneys
When representing clients in imputation cases, effective advocacy requires thorough preparation. This includes:
- Gathering comprehensive employment history and qualifications
- Researching current job markets in San Diego County
- Considering the use of expert witnesses
- Preparing clients for detailed questioning about work history and job search efforts
Conclusion
Income imputation remains a powerful tool in San Diego family courts to ensure that child support obligations are fair and accurately reflect each parent’s true earning potential. At Primus Family Law, our team of California Certified Family Law Specialists are committed to helping our clients navigate these complex matters while always keeping the best interests of the children at the forefront. For further information on how Primus Family Law Group can assist you, you can contact us at 619.574.8000 or online at www.primusfamilylaw.com