Q: Can Court impute income for child support retroactively? There was no seek work order and no prior notice was given?
Can the Court impute income for child support retroactively if there was no seek work order and no prior notice about job or imputation was provided?
Existing orders state child support shall be reserved to date of separation. There were no further support orders. There has never been a seek work order. There has been a period of unemployment. Can the Court input income [min. wage] retroactively without prior notice or would this be a violation of due process? This is in California. Children have now aged out [19+] so they are no longer eligible for prospective support and we are only discussing retroactive support.
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A:
In California, a court can impute income for child support retroactively, but specific conditions must be met to avoid violating due process. Generally, a court must provide notice and an opportunity for the party to be heard regarding the imputation of income. If there was no prior notice, seek work order, or opportunity for you to address the imputation, it could be considered a due process violation.
Given that the existing orders reserved child support to the date of separation and no further orders were issued, the lack of a seek work order or notice about imputation is significant. The court would typically need to show that you were voluntarily unemployed or underemployed to impute income. Without these procedural safeguards, retroactive imputation might not hold up.
Since the children have now aged out, the focus is on retroactive support only. It would be wise to present any evidence of your unemployment status and lack of notice to argue against the retroactive imputation. Consulting with a legal professional may help clarify your specific situation and provide guidance on how to proceed.
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