In re Marriage of LaBass & Munsee (1997) 56 Cal.App.4th 1331
Holding
Definitive statement of the three-prong earning-capacity test under FC §4058(b): (1) ability to work, including age, occupation, skills, education, health, background, work experience, and qualifications; (2) willingness to work, exemplified by good-faith efforts, due diligence, and meaningful attempts to secure employment; and (3) an opportunity to work — meaning an employer willing to hire. If a parent is unwilling to work despite ability and opportunity, earning capacity may be imputed.
Relevance to this matter
The canonical statement of the three-prong test that opposing counsel invokes for imputation. Useful for confirming the legal standard while pairing with In re Marriage of Bardzik / Mendoza v. Ramos for the burden-of-proof framework that opposing counsel did not satisfy in the Xspouse calculation.