Unemployment and Imputed Income for Colorado Alimony and Child Support | Episode 198

Voluntary Unemployment, Underemployment, and Imputed IncomeIn this How-To episode of Divorce at Altitude, Ryan Kalamaya explains the legal concepts of voluntary unemployment, underemployment, and imputed income in Colorado divorce cases. These issues frequently arise when courts determine spousal maintenance (alimony) and child support, because both forms of support rely heavily on each party’s income.Ryan begins by illustrating common scenarios using the hypothetical divorce clients Eric and Melanie Wolf. For example, Melanie may have been a stay-at-home parent who previously earned a significant income before having children. Once their child starts school, Eric might argue that Melanie is capable of returning to work and earning income again. In another situation, Melanie may be working part-time despite having the education and experience to earn much more. On the other hand, Eric might intentionally reduce his earnings—perhaps by quitting a high-paying job to take a much lower-paying position—simply to reduce the amount of support he must pay.Episode HighlightsWhat Voluntary Unemployment Means A party intentionally stops working or reduces income in a way that affects support obligations.Understanding Underemployment A person may still be working but earning significantly less than they reasonably could based on their skills and experience.What Is Imputed Income Courts may assign a potential income level to a party when calculating maintenance or child support.Why Income Matters in Divorce Support calculations depend heavily on each spouse’s income and earning capacity.Examples of Imputed Income Situations Quitting a high-paying job, working part-time despite higher earning potential, or avoiding employment altogether.Exceptions to Imputed Income Courts may decline to impute income if someone is pursuing education, training, or a legitimate career change.Young Child Exception Parents caring for children under 30 months (maintenance) or 24 months (child support) may not be required to work.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.