In certain cases, there can be a spouse who has not worked for a period of time who states, for child support and alimony purposes, that he/she has “no income”. That may technically be the case, but, legally the buck does not necessarily stop there. The court has stated that a person’s earning capacity can be attributed to him/her when he/she is not working. The Iowa Supreme Court stated that, however, “[b]efore using earning capacity rather than actual earnings a court must, however, make a determination that, if actual earnings were used, substantial injustice would occur or adjustments would be necessary to provide for the needs of the child and to do justice between the parties.” In most cases, the court recognizes that an individual can, and should, earn an income. If someone claims they are unable to do so, without valid reason, the court is likely to attribute an income to that person and not leave their income at zero for the calculation of any support. Please seek the advice of legal counsel before agreeing that any individual’s income should be established at zero.
For more information on family law related issues, please contact Shannon Simpson at Simpson Legal Group, LLC today at (712) 256-9899.