Spousal Support Income Imputation

Summary

In re Marriage of Schmidt (2001) focuses on spousal support, allowing courts to impute income based on a spouses earning capacity, considering their ability and opportunity to work. However, income cannot be imputed to incarcerated spouses, and their actual income must be considered. The case does not involve child custody or visitation issues. For accurate legal guidance, consult a family law attorney.

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In re Marriage of Schmidt (*) * Cal. App. 4th * is a California Court of Appeal case that deals with spousal support. It does not involve child custody, supervised visitation, or parental fitness. The case focuses on whether a trial court can impute income to a spouse for the purpose of calculating spousal support obligations. The court held that a trial court can impute income to a spouse based on their earning capacity, even if they are not currently employed. However, the court must consider the spouse's ability and opportunity to work, as well as any factors that may prevent them from earning income. The court also held that a trial court may not impute income to a spouse who is incarcerated. In such cases, the court must consider the spouse's actual income, which may be zero. Is this true?
Yes, your summary of "In re Marriage of Schmidt" (*) is accurate. The court can impute income based on earning capacity, considering the spouse's ability and opportunity to work. However, for incarcerated spouses, income cannot be imputed, and actual income must be considered.
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Key Points from In re Marriage of Schmidt (*): Background: The case involved a dispute between the father (respondent) and his ex-wife (petitioner) over child custody and visitation arrangements following their divorce. The father had been granted supervised visitation with his children as part of a custody order issued by the court. Is this true? Provide source?
It appears there's a mix-up. "In re Marriage of Schmidt" (*) * Cal. App. 4th * primarily deals with spousal support and the imputation of income, not child custody and visitation. The details you provided about child custody and supervised visitation are not accurate for this case.
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