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Archive for the ‘Imputed-income’ Category

A trial court’s decision to impute income must be based on a realistic assessment of capacity to earn

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January 24, 2012 at 12:15 pm

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It may be reasonable for the trial court to average income over a five-year period

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January 5, 2012 at 11:03 am

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The imputation of income to a party in a matrimonial case is within the trial court’s discretion

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December 16, 2011 at 5:36 pm

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The decision to impute income is a discretionary matter, wherein the judge must endeavor to determine not only ability to earn income but also the availability of employment

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October 8, 2011 at 1:33 pm

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In deciding if income should be imputed, the judge must determine whether the spouse has just cause for remaining voluntarily unemployed or underemployed

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August 2, 2011 at 11:50 am

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The imputation of additional income to either party may be unlikely where both parties were working full-time

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June 29, 2011 at 3:13 pm

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A determination of disability by the Social Security Administration constitutes a prima facie showing of disability

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June 29, 2011 at 2:52 pm

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The court is permitted to impute income to a parent whose income cannot be determined

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May 20, 2011 at 12:32 pm

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In deciding if income should be imputed, the judge must determine whether the spouse has just cause for remaining voluntarily unemployed or underemployed

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May 14, 2011 at 5:55 am

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A payor who has the ability to earn a living, yet refuses to work, may not assert the inability to earn as grounds for paying a reduced amount of support

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April 19, 2011 at 12:59 pm

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