In Re Marriage of Hinman

Summary

Howard, the custodial parent of four minor children, sought child support from Aisha, who reported zero income and said she was caring for three young children from a new relationship. The trial court imputed $3,200 per month based on her computer science degrees, work history, and employment agency letters estimating $35,000 to $50,000 in annual earning potential, and ordered $1,248 monthly support. The Court of Appeal affirmed, holding that Family Code section 4058(b) does not require a bad faith or unreasonable-failure finding before earning capacity is considered, and that her challenges to the support computation were waived because she did not raise them below.

What it means for the financial analysis

For income analysis, the focus shifts from the payor's motive to evidence of ability (education, skills, work history) and opportunity (for example, employment agency evidence of market earnings), which support an earning capacity figure. The court did not hold that income must be imputed, only that the trial court has discretion to do so consistent with the supported children's best interests, and the payor's motives and the reasonableness of her choices may still be weighed.

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