Legal Opinion
Smith v. Smith
California Court of Appeal
Decided June 25, 2001No. F034054; No. F034080; No. F035091PublishedCited by 6 opinions
1Opinion of the Court
Opinion
BUCKLEY, J.
The statewide uniform guideline for determining child support permits the court, in lieu of using actual income, to impute income to a parent based on his or her earning capacity. Earning capacity, in turn, requires that the parent have both the ability and the opportunity to work. In State of Oregon v. Vargas (1999) 70 Cal.App.4th 1123 [83 Cal.Rptr.2d 229], we held this same earning capacity test applies whether or not the parent is incarcerated, and thus the court may not impute income to an incarcerated parent who has no opportunity to work in prison and no other assets…
2Cases cited12 opinions
- Moss v. Superior CourtCalifornia Supreme Court · 1998
- Philbin v. PhilbinCalifornia Court of Appeal · 1971
- Mooney v. BrennanMontana Supreme Court · 1993
- Cohn v. CohnCalifornia Court of Appeal · 1998
- In Re the Marriage of ThurmondSupreme Court of Kansas · 1998
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3Cited by6 opinions
- Yerkes v. YerkesSupreme Court of Pennsylvania · 2003
- Morton v. Morton (In re Morton), California Court of Appeal, 5th District2018
- Eggers v. EggersCalifornia Court of Appeal · 2005
- Marriage of Nigro CA4/3California Court of Appeal · 2015
- Marriage of Sakov and Adut CA1/1California Court of Appeal · 2013
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