Q: Is income figured out as potential income or actual. My husband makes $65/ hour but is only willing to work 20 hrs/wk
He is able to work more. I am making more only because i work 8-5 m-f, 40+ hours per week. He is a nurse practitioner and I am a nurse so his earning potential is greater. I am working full time because he won't. So in a divorce how does this pan out?
A: Most courts in Colorado will impute full time assuming that the spouse is capable of working those hours and that those hours are available within reason in the spouse's industry. In your case, without knowing more, it sounds like the court would impute full-time on your spouse based on his potential income. Whether and to what extent that would be relevant in your specific situation (e.g. child support, spousal support, property division, etc.) depends on the circumstances of your case.
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A: Whether dealing with a child support issue under CRS 14-10-115 or an alimony (maintenance) issue under C.R.S. 14-10-115, the court has the ability to "impute" income to a party. This means that the court can assign an income figure to them based on what they should be earning or are capable of earning. Thus, in your case, the court could absolutely say your husband can work full time, is voluntarily underemployed, and assess his income at 40 hours.
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