In re Marriage of McHugh (2014) 231 Cal.App.4th 1238
Holding
Where a parent’s income reduction reflects a “voluntary and deliberate” effort to reduce income for support purposes, ability and opportunity need not be separately shown to the same extent (McHugh at 1249–1256). However, deliberate avoidance of family responsibilities remains the core analytical factor in deciding whether to consider earning capacity in lieu of actual income.
Relevance to this matter
Distinguishable on the facts. Charles’s transition from Parry Labs to Mail Station was triggered by an involuntary February 2025 layoff, not a voluntary deliberate reduction for support purposes. McHugh’s “voluntary and deliberate” carve-out does not apply. Useful in framing the rebuttal: opposing counsel must establish “voluntary and deliberate” intent to invoke McHugh, and the Parry Labs layoff documentation forecloses that finding.