Imputing Income in Divorce Cases

One of the hardest things that a family law judge must decide is how to impute income. Imputing income is legalese for deciding how much income each party in a divorce case has and how much they are expected to make in the future. This information is used to decide fair amounts of spousal maintenance, child support, and other financial decision in a case.


The courts have wide discretion in how they make their decisions. The National Law Review discussed a case in New Jersey where the courts that demonstrates this. The wife in the divorce had recently received training to become a medical assistant. Courts will often use Department of Labor statistics to determine average incomes for a position for the purpose of imputing income, but the court decided that it was unfair to say that a newly-trained medical assistance could immediately reach the average. They gave the woman a four month grace period to make a documented search for a job in her field, at the end of which they’d revisit the issue. In the meantime, they assigned a lower level of imputed income from her part-time earnings.


Finding a solution that fits the reality of the situation while remaining fair is the challenge. A good lawyer on your side can help you state your case in front of the judge. Don’t stand up in family court alone. Have an experienced family lawyer on your side. If you live in Washington, call Elise Buie Family Law Group, PLLC. We’ll stand with you.

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.

FURTHER READING

Latest Blog Posts

If you are getting divorced, you may be worried about what it will do to your finances. Maybe your finances are heavily intertwined with your spouse’s, or you are worried about what your future will look like, given these changes.…

Establishing paternity and parentage is important for many families and parents. Regardless of why you want to establish paternity and parentage, the process has the potential to be confusing, especially if you are unfamiliar with the terms and rules for…

After divorce, you may find yourself living on one less stream of income than you did when you were married and want to find a way to make up for it. Or even if you didn’t lose any income by…

If you are in the process of getting remarried, a prenuptial agreement may be the last thing on your mind. It should be at the forefront of it, however, as it can be beneficial for you, your spouse, and, if…

As a mom of four (now adult) kids, I remember well the flood of emotions that came each time they went to my ex’s, especially during the early days of my separation and eventually after my divorce. Not only was…

The holidays can look much different during a divorce than they did only a year earlier, and the changes can take some getting used to. The challenge is that you have to start somewhere, and in these “newer” moments, it…

You can use Collaborative Law to support your process of creating and negotiating a prenup with your partner.

In Washington state, if you are involved in a custody dispute, which involves difficult questions related to specific needs for your children or serious parenting deficits (such as mental health, substance abuse, or domestic violence), an evaluation service may be…

Apologizing can be hard, especially if you have a contentious relationship with the person you are apologizing to. If you want to have a polite (even friendly) relationship with your ex in the future, though, owning up to and apologizing…

In the same way that every divorce is different, so, too, is every divorce lawyer and the law firms where they work. From lawyers’ individual personalities, expertise, and experience to law firms’ varying cultures and values which provide the framework…