In re Marriage of Ilas (1993) 12 Cal.App.4th 1630
Holding
Earning capacity may be considered in lieu of actual income, and this consideration is not limited to cases involving deliberate avoidance of support responsibilities. While deliberate avoidance is a “significant factor,” the statute (FC §4058(b)) authorizes consideration of earning capacity in all cases where supported by evidence and consistent with the children’s best interests.
Relevance to this matter
Cited in the Xspouse Objections memo for the proposition that earning-capacity analysis is statutorily authorized but still must rest on adequate evidentiary showing. Does not change Bardzik / Regnery / Mendoza v. Ramos burden allocation.