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Month: October 2015

Do you have an opulent life style?

on October 31, 2015Posted in Assets,Child Support,Prenuptial Agreement

Another fun support case on the other side of the spectrum from Stewart v. Gomez is the In re Marriage of De Guigne. This is a quote from the De Guigne case regarding the parties’ background: “The family maintained an opulent lifestyle. The house was staffed by two housekeepers, three gardeners, a laundress, chef, child… read more

Courts Consider the Kitchen as Income

on October 29, 2015Posted in Child Support,Family Law

Stewart v. Gomez,  47 Cal.App.4th 1748 (1996) Can free housing be considered income? Yes, in some cases. In Stewart v. Gomez, the trial court threw in everything but the kitchen sink to calculate support. Robert Stewart was receiving disability, living rent-free on an Indian reservation, and he received a $12 per day meal allowance while… read more

How Hinman II Helps with Capacity

on October 27, 2015Posted in Child Support,Divorce Articles,Family Law

In re Marriage of Hinman (55 Cal.App.4th 988) We see another example of when to impute income and how to find earning capacity looking at In re Marriage of Hinman. The custodial parent, Howard Hinman, filed for child support from the mother, Aisha Othman. Howard requested that the court impute income to Aisha based on… read more

Applying the imputed income test in LaBass v. Munsee

on October 20, 2015Posted in Child Support,Divorce Articles,Family Law

In Re Marriage of LaBass & Munsee (56 Cal.App.4th 1331) Next we look at In re Marriage of LaBass & Munsee as an example of how to apply the test from Ilas to see if imputing income is appropriate. The court in this case imputed income to the mother, Catherine Munsee, whose ability and opportunity… read more

How do we prove income?

on October 15, 2015Posted in Assets,Child Support,Family Law

In Re Marriage of Loh (93 Cal.App.4th 325) Although Loh states that it is not an imputed income case, it does show us how to prove income, which is useful in proving the ability factor for earning capacity. Here, Pamela Loh filed to increase child support from Victor Loh in 2000 based on photos of… read more

Where did the imputed income test come from?

on October 13, 2015Posted in Child Support,Family Law

In Re Marriage of Regnery (214 Cal.App.3d 1367) The test from Ilas originated in the 1989 case In re Marriage of Regnery. In Regnery, we see the history of using earning capacity to calculate support. The cases cited in Regnery go back to a case from 1948, Webber v. Webber, meaning earning capacity has been… read more

Imputing Income in Ilas

on October 7, 2015Posted in Child Support,Divorce Articles,Family Law

In Re Marriage of Ilas (12 Cal.App.4th 1630). Imputed income is used in family law to calculate support payments using earning capacity of a party rather than the actual income of the party. This is the first in a series of posts explaining important court cases concerning imputed income and when it is appropriate to… read more