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https://sacramentolawgroup.com/earning-capacity-child-support/
The family law court can look not only to a parent’s actual income when calculating child support, but also to that parent’s “earning capacity.” Family Code Section 4058(b) allows courts to consider a parent’s earning capacity when calculating child support if doing so is consistent with the best interests of the child.
http://sc.aaml.org/sites/default/files/MAT208_4.pdf
The law regarding the awards of child support based on an obligor’s earning capacity rather than actual earnings has devel-oped both in courtrooms and legislative chambers throughout the country, and as it has developed, a number of trends have emerged in statutes and child support guidelines, and the case law interpreting them.
http://supportguidelines.com/articles/art200304.html
DETERMINING “EARNING CAPACITY” IN IMPUTED INCOME CASES. Laura W. Morgan Family Law Consulting. When a parent is determined to be voluntarily unemployed or underemployed without a good faith reason, or for the reason of avoiding child support, a court is authorized to impute income at “earning capacity.”
https://highswartz.com/high-swartz-blog/earning-capacity-mean-matter-support-case/
Aug 01, 2017 · Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. In order for an earning capacity to be assessed, the trier of fact must state …
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