Imputed Income for Custodial Parent

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GEJR

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What is the name of your state (only U.S. law)? CA

In a modification of Child Support, will the courts impute income to a CP in the following situation?:

1) CP quit her FT job in April 08
2) CP became pregnant by new husband in July 08
3) CP worked at a MUCH lower paying PT job Aug-Nov 08, and was taken off work by her OBGYN due to preg. complications Nov 08
4) CP will be 8 1/2 mo pregnant at court date
5) Child for which support will be calculated is in school 3 days/wk
6) I make $7000/mo. She made $15K in 2008, and $36K in 2007

Will the judge impute income? If so, will it be min wage, the $36K FT salary or the $15K PT salary (<min wage)?

I'm not sure how the pregnancy complicates things since she'll have a newborn soon.

Thanks for sharing your knowledge!
 
If she is capable of working at a higher paying job which it sounds like it is, you can certainly ask for 36k...or meet her somewhere in between. I would not accept 15k since she voluntarily quit the fulltime job.
 
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