In a recently decided unreported decision, the Appellate court held that while income imputed to a litigant for purposes of determining alimony should not be factored into the child support calculations.
In Weinbrecht v. Weinbrecht the Court affirmed the trial court’s decision to continue to use imputed income for ex-Wife when assessing the ex-husband’s alimony obligation but disagreed with doing so for child support stating that such calculations must be base on the actual income of the parties. In this case, the ex-Wife had increased her income above the level imputed to her. This case upholds the proposition that children of a divorce are entitled to benefit from the future economic successes of their parent.
In as much as this is an unreported decision litigants and attorneys will need to wait and see if this methodology remains valid.