Eggers v. Eggers

Opinion

RYLAARSDAM, P. J. —

Family Code section 4058, subdivision (b), which addresses annual gross income of parents for child support purposes, provides, “The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent’s income, consistent with the best interests of the children.” Here the employment of father, appellant Thomas M. Eggers, was terminated by his employer for misconduct. Father, who was subject to support orders, sought modification of the orders based on a change of circumstances. The trial court denied his request and imputed income to father…