Under California law, parents must support their minor children financially. In the context of child custody cases, this often means that the courts will order one parent to pay the other child support. While child support obligations are typically calculated based on each parent’s actual income, in some cases, they will be determined based on a parent’s earning potential. For example, in a recent California child support case, the court imputed income to the father in the amount he earned prior to quitting his job. If you have questions about your rights and potential obligations with regard to child support, it is smart to confer with a California child support lawyer as soon as possible.
Factual and Procedural Background
It is reported that in December 2019, the mother and the father stipulated to a status-only judgment of dissolution. At the same time, they filed a settlement agreement in which the father agreed to pay the mother $2,500 per month for childcare and child support. The agreement included a report that reflected the monthly wages and salary of the father and the mother as $9,974 and $12,253, respectively. About one month after filing the agreement, the father quit his job. He paid the mother partial child support for two months, then stopped payments entirely.
Allegedly, in June, the father filed an RFO (request for order) in which he claimed he had no income and asked the court to modify his child support obligation. The mother opposed the RFO and requested that the court either continue the current obligation or, alternatively, increase the amount. The court ruled in favor of the mother, ordering the father to pay $2,351 each month in child support plus half of the mother’s childcare expenses. In doing so, it imputed income to the father in the amount he earned prior to leaving his job. The father appealed. Continue Reading ›