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THE EFFECT OF EARNING CAPACITY OF AN OBLIGATING PARENT IN A CHILD SUPPORT ISSUE

By Walin & Klarich

When an obligating parent quits his job voluntarily to pursue another career or to go back to school, the court may impute that obligating parent?s earning capacity ability and better yet, the court may also impute that parent?s earnings at the time he/she quit his/her job even if that parent goes back to school and is not working or just working part time while going to school so long as that obligating parent voluntarily quit his full time job. If the circumstances are that the obligating parent was laid off or his company downsized, that parent may still be imputed his past earning capacity from previous employers, and certainly, other factors come into play as to the opportunity and the availability of the positions in that particular field that the obligating parent once held in the past...continue to full post

Full post as published by Southern California Criminal Defense Blog on May 12, 2008 (boomark / email).