Imputation of Income in Child and Spousal Support Cases

ttsupportChild Support, Family Law, Spousal Support

There are many factors involved in trying to determine child and spousal support, but the principal one is the income of the parties. That includes not only your employment income but also passive income from stocks and other securities, rental income, and retirement income. As to employment income, it is important to note that if it is found that a party is not working in spite of not having any health issues, has quit their job or been fired from their job for cause, income may be imputed to that person. “Imputed” essentially means the Court will rule on support as if you were still receiving the same income, even if that income is now imaginary. The law has changed significantly in the past few years in that if you decide to take a position in your company which may result in reduced income, but with the intention of moving faster in the company track in order to have more employment income in the near future, that may be an acceptable reason and income would not be imputed. Likewise, quitting a job may not create an imputation of income to you if you seek additional training or education in order to increase your income in the near future.