Legal Question in Family Law in California

Will a judge in CA presume an income for an unemployed custodial parent even though he or she is a full time college student?

Asked on 9/17/13, 4:04 pm

2 Answers from Attorneys

Patrick McCrary Law Office Of Patrick L. McCrary

The simple answer is yes the judge can, further, he is required to impute the income.

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Answered on 9/17/13, 4:32 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

He is not required, however, to impute full time income if the parent can show that they are pursuing a course of study that is reasonably likely to lead to higher income in the future that would then be used to increase that parent's contribution to the child's support.

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Answered on 9/17/13, 8:16 pm

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