I have no form of income - opposing counsel is attempting to “attribute” my income from a credit card I am authorized to use, however it is not in my name - it belongs to someone else. Can a child support amount be attributed this way?
Income can only be imputed to a parent if that parent is voluntarily unemployed or underemployed in bad faith. They key phrase is “bad faith.”
If you are voluntarily unemployed in good faith, meaning you have a good faith reason for being unemployed, then a judge could not impute income to you. If the judge finds that you are unemployed in bad faith, then it is possible to use the amount you are spending on the credit card each month as your income, or impute minimum wage for example.
Income cannot be imputed to a parent who has primary custody of a child that is under the age of 3 and child support is being calculated for that child.
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