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Legal Services

Calculating Child Support

Calculating Child Support Using Imputed Income:

 

What to Do When One Spouse is Unemployed or Underemployed?
Income can be imputed when one parent is not employed because they are being supported by a new spouse or because they are underemployed (not working full time or not employed to their full potential.)

 

In order to determine the amount of income to be used in the calculation, you would obtain the highest income they ever received, income averaging over a period of 3 to 5 years if income is variable, or use the income from their most recent job, or you could use minimum wage if the non-working spouse did not have a college degree, significant job training, or much work experience.

 

You must determine which amount is the most appropriate to calculate support and this is a negotiated matter unless the case is in litigation.

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