Imputing income

[torimac]

What is the name of your state (only U.S. law)? CA
My ex has requested a review of child support. He has been out of work for over two years and accrued 23k in arrears. He has decided that he is going to return to school (for a second degree).

I don't know if he realizes that the courts can impute an income and I suspect that he is going to request a decrease in support.

I work full time and am a full time student, working on completing my first degree. I have recently filed contempt charges due to non-payment of child support.

How do I request that he be imputed an income that is comparable with his experience (over a decade in his field) and education? I am sure that he will use the economy as an excuse, but that cannot be his excuse for over two years. And even with the economy, he could work some where...McDonalds, Walmart...

Secondly, my company was just recently purchased and be having layoffs in a few months. If my income changes between providing the current income information and when this goes to court, will I be able to provide new information on that date?

 

[torimac]

Mostly I need to know if there is a particular form or do I just mention it in court? There seems to be a form for every action in the California courts.

 

[ProPerDoper]

What is the name of your state (only U.S. law)? CA
My ex has requested a review of child support. He has been out of work for over two years and accrued 23k in arrears. He has decided that he is going to return to school (for a second degree).

I don't know if he realizes that the courts can impute an income and I suspect that he is going to request a decrease in support.

I work full time and am a full time student, working on completing my first degree. I have recently filed contempt charges due to non-payment of child support.

How do I request that he be imputed an income that is comparable with his experience (over a decade in his field) and education? I am sure that he will use the economy as an excuse, but that cannot be his excuse for over two years. And even with the economy, he could work some where...McDonalds, Walmart...

Secondly, my company was just recently purchased and be having layoffs in a few months. If my income changes between providing the current income information and when this goes to court, will I be able to provide new information on that date?

There is case law in California which supports the argument that parents have a duty to support their children first to their highest earning capacity. The fact that he chooses to go into another field may not excuse him from paying at a rate commensurate with his earning capacity. You may however, have to prove that jobs are available locally in his profession, or request a vocational assessment.

You can update your Income and Expense declaration at any time if a change of circumstances has occurred.