My ex husband had been under treatment at a California VA hospital when I tried to file for child support. I was told they couldn’t get any support at the time. since then he has been released from care and inherited money from an uncle. I know that doesn’t count as income just but now he “can’t find a job” right now; however he is living with a girl friend and bought a new truck and a new boat. How I try to get some help to cake care of my 3 boy’s.
You may file an action for support and ask that the court impute income to him based on his earning capacity.
How does the court calculate earning capacity to determine an imputed income? What are the factors they consider?
Normally work history and education level are considered when a judge imputes income.