March 2022 | Brittingham, Audrey R.P.

Reconciling Remote Learning with Imputed Income for Custodial Parents

Imputing income to custodial parents has become an issue during the pandemic. Many custodial parents left their jobs to care for children who were learning remotely. The author argues courts shouldn’t impute income under these circumstances. Instead, courts should exercise discretion and deviate from the guidelines or apply a good faith-best interests standard. Under this standard, income isn’t imputed to the custodial parents if the parent left his or her job in good faith, which is an issue of intent. State legislatures and judicial committees should consider revised child support guidelines to include the good faith-best interests standard.

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