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  1. #1
    Join Date
    May 2014
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    23

    Default Departure from Current Income to Calculate Support

    My question involves a marriage in the state of: California

    While current income is typically used to calculate a party's prospective earnings, is there any authority for averaging income over several years? Or, under what circumstances can or will a court depart from using a party's current income to calculate support?

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

    Default Re: Departure from Current Income to Calculate Support

    When setting spousal support a court must consider actual income, but can take into consideration earning capacity -- although in most cases capacity is only considered when the supporting spouse has deliberately attempted to avoid family financial responsibilities. See, e.g., In re Marriage of Rosen (2002) 105 Cal.App.4th 808.

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