California Family Code 4058 allows the court to impute income to a parent if that parent is purposefully reducing their income to frustrate a child support order. Below is an excellent blog entry, credited to San Diego Attorney Roy M. Doppelt:”Under California law, child support is based on each parent’s income and custodial time with the child. In some cases, spouses have attempted to conceal income in order to have a lower support payment. In a recent case, In re Marriage of McHugh, the father petitioned the court to reduce his child support payments, claiming that he had lost his job as a commissioned salesperson and he earned a great deal less in his new position. The mother responded by seeking an increase in child support, arguing that her husband lost his job because he was attempting to divert business from his employer to his father’s company for the admitted purpose of reducing his income to reduce his child support payments.” The resulting decision by the trial court, backed up by the court of appeal, appears to have decided the case correctly. Although it is possible the father really did lose his job, and did not transfer his business to his father’s company, his failure to provide information left the court with no alternative but to impute income to him (at least logically). Courts do not always get things right, and courts often will miss the boat on cases like this, saying the parent (usually the mother) hasn’t proven her case, because she does not have the evidence that father did not produce. The circular nature of these arguments about discovery define the family courts in this day. Despite this, many Judges get it right, and with a capable attorney on your side, you have the chance of helping them reach the correct decision.
