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?


Asked on 12/05/07, 5:42 pm

1 Answer from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

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.

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Answered on 12/07/07, 2:23 am


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