Legal Question in Family Law in California

Earning Capacity

I have 2 daughters whose father has been a full time student for 12 years. He has a Masters Degree in Music Composition and is a teachers assistant 1 hour a week at Stanford University. He makes $1600/mo and wants to be calculated at what he currently makes, not what he is capable of making working full (or part time for that matter) with a Masters Degree at Stanford University. Wouldn' I be able to get the courts to impute income to him based on what he is capable of making should be chose to actually work?


Asked on 11/01/06, 7:46 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Earning Capacity

YOu should file a motion to modify child support. In your declaration point out that he has been attending college for 12 years. Also include short statement regarding his degrees etc. Also do some research regarding the potential earning capacity of an individual with his education.

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Answered on 11/03/06, 11:05 pm


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