The Truth - the Winning Argument for Your Case

15 Jul. 2013

Imputation of Income

Posted By The Buncher Law Corporation

In many family law cases involving support issues, the amount of income used in calculating Spousal Support and Child Support is often disputed. This is because either spouse may not be making diligent efforts to find work or obtain a level of employment commensurate with their skills and ability to find better work.

In such cases, one might argue that the other party should be imputed (assigned) with a level of income for the purposes of determining the proper support levels. This can involve showing evidence of the parties' education, training, job history and/or skills, along with evidence of various employment opportunities on the market that are being ignored.

This kind of process can also involve presenting the testimony of a vocational expert who can conduct an interview and testing of the party to assess their employability. The vocational expert will then prepare a report and often testify in court as to the amount of income that the party would be receiving had the party been making diligent efforts to obtain good employment.

In other cases, a party may be hiding income, such as the relatively common practice of not reporting payments received in cash. A careful investigation is needed to present evidence of such fraudulent practices. It may involve subpoenaing bank records, employment records, cash receipts, conducting interviews of witnesses, and so forth.

The investigation may simply involve looking at the expenses the party is paying on a monthly basis, and showing that their reported level of income is not sufficient to cover those expenses.

Once all of the interviews and investigations are completed, the court may be asked to consider the evidence in determining the parties' true income and assess imputed income as the party's actual income when calculating temporary support.

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