Mens Family Law & Divorce Attorneys San Diego

San Diego Divorce Lawyers
Helping Clients Handle Imputed Income Issues

When a married couple completes a California divorce, there are often situations where the court will order one or two forms of support, namely child support and/or spousal support.  Generally, these forms of support are ordered in order to preserve some form of equity for the spouse who is receiving support given that the high earner in the former family is no longer present and providing everyday support.  However, there are situations that can arise where these support orders should be modified by way of what's known as imputed income.  Anyone who faces this situation should seek the help of San Diego divorce lawyers, and below is a brief introduction to this issue.

What is Imputed Income?

Imputed income is a legal notion in California family law whereby a court will basically account for income on the part of a former spouse who is receiving support.  There are typical situations where this can and does arise, but income will generally be imputed when the spouse receiving support is simply not making enough of a good faith effort to generate income.  This income is imputed so that the amount of support that's being paid can be adjusted.

What is the Regnery Rule?

The Regnery Rule is a standard that's used by family courts in California to decide whether or not income should be imputed on a spouse who is receiving support.  The rule stems from a family law case of the same name, and the court put forth a three-pronged test to determine whether or not income should be imputed.  These three prongs include:

1. The supported spouse's ability to work;
2. The supported spouse's willingness to work; and
3. The supported spouse's opportunity to work based on a prospective employer's willingness to hire the person receiving support.

If the court finds that the supported spouse has the ability to work and the opportunity but lacks the willingness, the court will adjust the support that's being paid such that the supported spouse is basically forced to generate income.

How is Imputed Income Proven?

When these situations arise, the burden of proof is on the supporting spouse to prove that there has been a change in circumstances with the supported spouse that should lead to a modification of the support order.  This can be a difficult burden to meet in the eyes of the law, and any proof that's offered must be extremely strong evidence in favor of the party making this motion.

If you believe that your supported spouse is simply refusing to generate income so that support can continue to be paid, you need to seek the help of San Diego divorce lawyers who have been helping clients through these difficult matters for many years.  Contact the law office of James D. Scott today to schedule an initial consultation.