Recently, we posted a blog entry about “Baywatch” creator David Hasselhoff’s mounting frustration about writing hefty alimony checks to his ex-wife, Pamela Bach. In that entry, we noted that Bach had made virtually “no efforts to support herself.”
While it’s unclear if he has done so, Hasselhoff, who fathered two children with Bach, may have considered having the court assign imputed income to his ex.
In this issue, we’ll talk about imputed income and how it can right perceived wrongs in divorce cases.
What is imputed income?
In a nutshell, both parents of a child are expected to provide financial support to their children. However, it’s not uncommon for one parent who is receiving support in the form of alimony or child support to not work – in spite of being physically and mentally able to do so.
In these cases, the court can actually assign a specific amount of salary or earned income even though that parent isn’t actually working. Essentially, the determined amount is what that parent’s income would be if she/he were indeed working.
How is imputed income determined?
What the courts take into consideration is based upon The Regnery Rule, and includes the former spouse’s:
- Ability to work;
- Willingness to work; and
- Opportunity to work based on the job market.
Once the court is satisfied that the spouse who is receiving the payments (spousal or child support) simply isn’t willing to work even though she/he has the ability and opportunity to generate income, a ruling of imputed income can be made and the support agreements will be modified.
Do you feel you’re being taken advantage of? Call the Men’s Legal Center.
We understand feelings of frustration when one parent isn’t holding up their fair share of the deal that was reached in a divorce case. If you’re in a similar situation, you definitely need the expertise of a skilled men’s divorce lawyer in San Diego.
Our number here at the Men’s Legal Center is 619-234-3838. You can also reach us via email.