Legal Question in Family Law in California
My husband and I have been married for 12 years. He stopped working six years ago. We are now divorcing. If he is not working at full capacity, the court must consult the law on imputing income to determine the extent to which earning capacity can be used in lieu of actual earnings. Is there a formula to calculate his earning capacity? We both live in California.
Asked on 11/25/13, 5:05 pm
1 Answer from Attorneys
No. There is no formula. It is a factual determination based on the evidence presented at a hearing that is basically an abbreviated trial of that issue. Most courts will only issue an imputed income if the other party is willfully unemployed or you obtain a vocational evaluation from an expert evaluator.
Answered on 11/25/13, 5:45 pm
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