Can child support be modified based on a former spouses imputed income?
Child support can be modified if there is a substantial and continuing change of circumstances at the time of filing that would result in a change of more than 10% in the amount of support due each month. See C.R.S. 14-10-122(b). To impute income, the court needs to first make a determination that a parent is voluntarily underemployed or unemployed. If the court makes this determination, child support shall be calculated based on a determination of potential income. See C.R.S 14-10-115(7)(b)(I). There are a multitude of factors that the court considers in determining whether a parent is voluntarily underemployed or unemployed and it is improper for a court to impute income absent factual findings. Nonetheless, the court may impute to the parent the income from her previous job and is not limited to only impute minimum wage.
