Generally, the California Courts calculate child support obligations, in part, on each parent’s actual income. In some cases, however, they may determine what constitutes appropriate child support based on a parent’s imputed income. This was illustrated in a recent California case in which the Court declined to substantially reduce a father’s child support obligation after he voluntarily left his job. If you are interested in learning more about child support, it is advisable to speak to a  San Diego child support lawyer as soon as possible.

Factual Background of the Case

It is reported that the mother and the father ended their marriage in December 2019. They filed a settlement agreement at that time, during which the father agreed to pay the mother $2,500 each month for child support. A report attached to the agreement indicated that the father’s monthly wages were approximately $10,000, while the mother’s earnings were around $12,000. The father voluntarily left his position in construction sales less than one month later.

Allegedly, the father made partial child support payments for two months and then ceased payments entirely. He filed a request for order (RFO) in June, asking the Court to modify his child support obligations on the grounds that he had no income. The mother opposed the RFO and asked the Court to continue the current obligation or increase it. The Court denied the RFO and imputed income to the father in the amount he was earning prior to quitting his job, set child support at $2,351 per month, and to pay half of the mother’s daycare expenses. The father appealed. Continue reading

In co-parenting arrangements, it is not uncommon for one parent to earn a greater income than the other. As such, the Courts will often find it appropriate to order the higher-earning party to pay child support to their co-parent. While California policy favors providing children with adequate financial support, the Courts may reduce a child support award in certain circumstances. This was demonstrated recently in a California case where the Court ordered the mother to seek employment. If you share custody of a child and have questions regarding support obligations, it is prudent to meet with a San Diego child support lawyer to evaluate your options.

The History of the Case

It is alleged that the mother and father share custody of a 5-year-old child. When the child was first born, he spent approximately 80 percent of his time with the mother and the remaining time with the father. At that time, the father’s income was $15,000 per month, and he was ordered to pay the mother approximately $1,500 per month in child support. The mother did not work but received $5,000 per month from her father.

It is reported that in 2020, the father moved to modify his support obligation, as his time with his son had increased to over 40 percent. Additionally, he sought a seek-work order compelling the mother to work. The Court granted the order over the mother’s objections, and she appealed. Continue reading