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Calculating Support When One Parent Has No Income

First know that both parents are legally responsible for supporting the kiddos—not just the parent who pays support.

With a few exceptions, if one parent does not have income, the Court will impute full time income to that parent before calculating maintenance or support. In other words, we will assign income to that parent before calculating support and assume they earn at a full time rate based on theirpotential for earning income.

How much will the Court impute? Your case is unique. Your attorney and the court will consider a number of factors including: how long the parent been out of the workforce; work and income history; their education and earning potential? If the parent has limited or no work history and no education

As a general pattern, it is common for courts to impute one of the following three incomes:

1. Minimum wage ($7.23 per hour);

2. $10.00 per hour or;

3. Approximately the income she or he made at their last job.

There are cases where we do not impute income. For example: when a parent is in school full time and that education is likely to lead to an increase in their income; when the parent is the primary caregiver for the parties’ disabled child; the parent is physically or mentally disabled or the parent is the primary caregiver of the parties’ child who 30 months or younger.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit), and Stuart Wallace in Illinois.