Forum (Forum & Focus)
Apr. 21, 2009
Courts Should Be More Cognizant of Economy When Imputing Parents' Income
Requiring the obligor to pay more than the parent can afford often creates other consequences that negatively affect the children.
FORUM COLUMN
By Adrienne M. Liebman and David L. Gamblin In calculating court-ordered child support, Family Code Section 4058(b) gives trial courts the discretion to "consider the earning capacity of a parent in lieu of the parent's [actual] income, consistent with the best interests of the children." In appropriate cases, courts may impute income to a parent based on earning capacity if he or she is either unemployed or underemployed-but only if...For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In