Spousal Support: Imputation of Income
When either divorcing spouse is deemed voluntarily unemployed or underemployed, the Court may impute income to that spouse. That is, cause the amount of money that the spouse is capable of earning to be counted against him or her when calculating support obligations or awards. There are a number of factors that the court must consider in determining whether to impute income. They include the party’s education, health, and non-monetary contributions to the family. One factor alone usually will not cause the imputation of income. For example, a spouse with a provable earning capacity at the time of divorce may not need to return to work immediately to avoid imputation of income where that spouse had quit working to care for the couple’s children, upon mutual agreement with the other spouse.