Modesto, CA asked in Divorce and Child Support for California

Q: My ex has worked full time for over a year and has decided to go to school and only work 20hr a week. now wants more CS

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1 Lawyer Answer
Andy Cook
Andy Cook
Answered
  • San Diego, CA
  • Licensed in California

A: This one could go either way. You'd have to look at what he was earning working full-time. If it was a substantial sum, a judge might "impute" the income that he was earning. But to do that, the judge should first find out what his abilities are and whether there are opportunities, including his former job, that match his ability.

If the job was a dead-end job, the judge might be more lenient, especially because imputation is less common for custodial parents (which your ex sound like) than for non-custodial parents.

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