Legal Question in Family Law in California
3 questions in regards to trying to do a child support calculation in CA. 1) My husband has his daughter 47% of the time by defacto arrangement, but 43% of the time by decree, can we use the 47% in the calc? This has been going on for 13 years. 2) My husband's ex is working below her income level. She graduated in Dec 2010 from Sacramento State with a degree in Speech and Audiology yet works as an apartment manager. She says she makes $300 a week (won't say if it is net or gross) but at gross it is $7.50 an hour--minimum wage in CA is $8.00. She also gets a free apartment, but says it can not be counted as income as she is not taxed on it. (She is not required to live on the premises) Approximate value of apt is $750.00--can the value of the apartment be included as income? 3) Lastly how difficult is it to get imputed income to be used (if we went to arbitration) She should be able to earn at least $15- $20 an hour based on her education level. One other thing. They have never gone back to child support court/arbitration, but my husband has voluntarily increased child support from $150 to $400 a bit at a time since 1998. Thanks for your guidance.
2 Answers from Attorneys
Your husband needs an attorney to assist if imputed income is an issue. Usually a vocational evaluation is required, unless minimum wage income is being imputed.
1) you have to use the court ordered time. Unless and until you get the order modified to the current actual time (which often is done when it has become an established pattern) the old ordered time is what is used. 2) She should be taxed on it and it should be imputed as income, but probably only at the statutory maximum credit rate of $451/month (not positive that is the right number without looking it up but it is close to that). 3) Yes, you can have the income one is capable of earning used if they are intentionally under employed. However, that is a legally and factually technical claim. I wouldn't try it without an attorney.
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