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  1. #1
    Join Date
    Jun 2010
    Posts
    5

    Default How to Get Income Imputed

    My question involves child support in the State of: California

    I am filing for a visitation/support change in California against a CP who is self employed.

    Gross income is $135k, but with business deductions ($10k for auto expenses, $10k for home office, etc) -- the CP is claiming an adjusted income of only $31,000 per year.

    The CP also admits that they only work 15 or 20 hours per week, but blame that on a slowdown in their consulting business.

    A salaried employee in the same field would be making $120,000 per year.

    How do I fight this? Or can I? Do judges believe these types of accounting fiction, or do I stand a chance at having income imputed to a more realistic amount -- like that of the salaried equivalent?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: How to Get Income Imputed

    You can have your accountant review the books to see if the deductions are (a) legitimate for business and (b) legitimate for child support. Not every business deduction taken by a self-employed business is automatically deemed to reduce income for purposes of child support.

    You are also free to try to have income imputed based upon earning capacity and voluntary underemployment. This is less likely to occur if you're talking about self-employment that started during the marriage and continued afterward, than with a new business started after divorce or separation that results in a significant drop in income.

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