Legal Question in Family Law in California
Imputation of income
The Court imputed my income for the purposes of child support based on false declarations provided by the Plaintiff on matters that I had already given direct sworn testimony and evidence which contradicted the Plaintiff. I was a full-time graduate student, self-employed and at the time with no income other than student loans. What are the legal ground for imputation of income?
1 Answer from Attorneys
Re: Imputation of income
This is a complex area of law. But generally speaking, the court can impute income based on a parent's earning capacity. So, if you voluntarily reduced your income, the court can award support based upon what you could have earned instead of what you actually earned.
A different situation is where the court does not find your representation of what you actually earned credible. The court can reach an independent conclusion based on its analysis of the evidence presented.