Imputation of Income in Alimony Cases
In North Dakota, the court has the authority to impute income to a spouse in alimony cases under certain circumstances. This is typically done when a spouse is voluntarily unemployed or underemployed, or when there is a lack of transparency about a spouse’s income. The court’s primary goal is to ensure a fair and equitable distribution of resources upon divorce, and imputing income is one tool used to achieve this goal.
Legal Basis for Imputing Income
The legal basis for imputing income in North Dakota is found in the North Dakota Century Code. Specifically, Section 14-05-24.1 outlines the factors the court must consider when determining the amount and duration of spousal support. These factors include the earning ability of each party, the duration of the marriage, the conduct of the parties during the marriage, the station in life of each party, the circumstances and necessities of each party, the health and physical condition of each party, and the financial circumstances of the parties as shown by the property owned at the time of the divorce.
When Income is Imputed
The court may decide to impute income to a spouse if it believes that the spouse is voluntarily unemployed or underemployed. This means that the spouse has chosen not to work, to work less, or to take a lower-paying job, thereby reducing their income and potential spousal support obligations. The court may also impute income if a spouse is not forthcoming about their income or financial resources.
How Income is Imputed
When imputing income, the court will consider the spouse’s work history, educational background, skills, and the availability of jobs in their field and geographic area. The court may also consider the spouse’s health and age, as well as any other relevant factors. The goal is to determine what the spouse could reasonably be expected to earn based on their abilities and the current job market.
Impact on Spousal Support
The imputation of income can significantly impact the amount of spousal support awarded. If the court determines that a spouse could be earning more than they currently are, it may calculate spousal support based on the imputed income rather than the actual income. This could result in a higher spousal support obligation for the spouse whose income is imputed.
Conclusion
In conclusion, the court in North Dakota can impute income to a spouse in alimony cases under certain circumstances. This is done to ensure a fair and equitable distribution of resources upon divorce. However, the process of imputing income is complex and involves a careful consideration of many factors. Therefore, it is highly recommended that individuals involved in a divorce case seek the advice of a qualified family law attorney.