Earning Capacity Child Support

It might be appropriate to impute earnings to a parent who has suffered a significant drop in income after relocating to a part of the country with lower wages and a lower cost of living. One case raised this issue for the trial court’s consideration on remand. [See Wilson v. Shea (2001) 87 CA4th 887, 892, 104 CR2d 880, 883—Father could argue on remand that $55,000/yr. income should be imputed to Mother based on her former salary in Calif. even though she was now earning only $34,000/yr. in South Carolina]

If the other parent has moved to another state and now makes less money, this is an issue that the court should consider in the calculation of child support. The issue is earning capability child support and you must have a experienced Family Law Attorney to assist you. Contact the Law Offices of H. William Edgar to discuss your options and rights regarding earning capacity child support.

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