Spouse quit their job — can the court still calculate support like they earn?
CAstarting_over_20261 month ago
He quit his $90k job two weeks after I filed. Now claiming he has no income. Help.
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1 reply
✓ Verified answer from a licensed attorney — shown first
Imputed income is exactly the doctrine you want. Under CA Family Code §4058(b), a court can attribute income to a parent based on earning CAPACITY rather than actual earnings if the parent has the ability AND opportunity to work and is voluntarily unemployed or underemployed. You'll want to show: his recent W-2s (ability), evidence of available jobs in his field at similar pay (opportunity), and the timing relative to your filing (intent). A vocational evaluation under Family Code §4331 ($2-4k) can be ordered when the issue is contested. Judges see this maneuver constantly and aren't fooled by it.
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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.