California Court of Appeal

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Marriage of McHugh, G048551

Denial of the Father's request to reduce child support and grant of the Mother's request to increase support (by imputing income, pursuant to Family Code section 4058(b), to the Father at the level he earned before he engaged in misconduct that resulted in him losing his job) is affirmed, where substantial evidence supports the findings that: 1) the Father had the ability and opportunity to keep his job; 2) the Father's termination was a voluntary divestiture of resources required for child support obligations because of his misconduct in diverting business to avoid his support obligations and in deliberately failing to satisfy his employer's conditions for keeping his higher paying job; and 3) imputing income to the Father was in the child's best interests.

Appellate Information

  • Decided 11/26/2014
  • Published 11/26/2014

Judges

  • Aronson

Court

  • California Court of Appeal

Counsel