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If a parent intends to avoid having to pay child support by refusing to work or working less, the court can “impute” income. Imputing income means that the court treats the parent who is earning less than what he or she can as if they were earning income. Therefore, when the court calculates child support it will consider both parents’ income, including the “imputed” income.
Community debt, which is debt incurred during the marriage, belongs to each spouse equally. This is true even if the debt is just under one person’s name, both spouses are equally responsible for that debt. Separate debt, which is debt incurred before marriage or after separation, belongs only to the spouse who incurred it.
Date of separation is very important in considering division of debts, assets and sometimes length of spousal support. The date of separation is not always straightforward. It is not necessarily the date you file your divorce documents. In California, the court considers the following two factors in determining date of separation.