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Calculating Imputed Income in Divorce Proceedings

Examining Earning Capacity, Income Sources, and Intent in Spousal and Child Support Determinations

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 25, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, February 7, 2025

or call 1-800-926-7926
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This CLE course will provide family law counsel with strategies for evaluating imputed income for asset divisions and child and spousal support determinations in divorce proceedings and settlements. The panel will offer insights on uncovering, establishing, and evaluating potential sources of income; outline appropriate discovery methods to obtain necessary information for calculating imputed income; and discuss techniques to shield income when a spouse is employed by a closely held business.

Description

Voluntary unemployment or underemployment, a financially disadvantageous job change, a sudden early retirement, or underutilization of income-producing assets can all be evidence of a party's intentional decrease in earnings to reduce support obligations in a divorce. The finances of a closely held business operated by one party can also be manipulated to provide an effective vehicle to hide income.

Counsel must be able to identify and leverage critical financial information contained in financial documents and tax returns to prepare the financial statements for the case file and to argue that a party's earning capacity, not actual income earned, should be used to determine support obligations. Counsel must also be aware of evidence courts require to support an award based on imputed income and the role intent to avoid paying support or intent to reduce income plays in that analysis.

Listen as our authoritative panel offers strategies for imputing income, or contesting claims of imputed income, in divorce proceedings with questions of child and spousal support. The panel will provide insight on establishing and evaluating potential sources of income, outline appropriate discovery methods to obtain hidden financial information, and discuss techniques used to shield income when a spouse is employed by a closely held business.

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Outline

  1. Review of case law on earning capacity and imputed income
  2. Discovery and evidence to support imputing income in a divorce
    1. Tax returns
    2. Financial statements
  3. Use of financial and vocational experts
  4. Calculating earning capacity

Benefits

The panel will review these and other key issues:

  • What items in tax returns and financial statements can help determine earning capacity?
  • How do courts treat investments such as stocks, bonds, and real estate in evaluating earning capacity?
  • What earning patterns and history can be used to support imputing income?
  • How can expense records be used to uncover hidden income in a closely held business?

Faculty

Shilts, Josh
Josh Shilts, CPA, ASA, ABV, CFF, CGMA, CFE
Forensic & Valuation Services Director
Dean Dorton Allen Ford

Mr. Shilts is an industry-leading expert in forensic accounting and business valuation (“FVS”), a thought...  |  Read More

Stange, Kirk
Kirk C. Stange
Founding Partner
Stange Law Firm

Mr. Stange is a founding partner of Stange Law Firm, PC, a multi-state family law firm with offices in Missouri,...  |  Read More

Attend on February 25

Early Discount (through 02/07/25)

Cannot Attend February 25?

Early Discount (through 02/07/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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