FC §4058(b)(1)(A)

Type: California Family Code

Summary

When a parent’s annual gross income is known, the court may in its discretion consider earning capacity in lieu of actual income, consistent with children’s best interests, considering the children’s overall welfare and developmental needs and the time the parent spends with them. When income is unknown, the court shall consider earning capacity. The court must consider the specific circumstances of the parent when determining earning capacity.

When to use

Cite when seeking imputation of income — i.e., arguing a parent is voluntarily underemployed or unemployed and support should be based on what they could earn, not what they actually earn. Requires a vocational evaluation under §4331 for strongest argument. Also cite defensively if the other side seeks imputation without proper evidence of earning capacity.

Linked exhibits

Transclude of Exhibits-by-Statute.base