Can My Income Be Imputed at Minimum Wage in a Colorado Divorce Due to Disability?

Question from Sarah, Can My Income Be Imputed at Minimum Wage in a Colorado Divorce Due to Disability?

Answer from AI:

When going through a divorce in Colorado, understanding how income and earning capacity are considered, especially in the context of alimony (spousal support) and child support, is crucial. The situation becomes more complex when one party is not working due to health issues, such as recovering from cancer and surgeries. Here, we’ll explore the general principles around imputing income in Colorado divorces, particularly for someone who is unable to work due to disability.

Understanding Imputed Income

Imputed income refers to the income a court assumes an individual can earn based on various factors like their previous employment history, education, and the current job market. This concept is often applied in divorce proceedings to ensure fair financial support calculations.

Colorado Law on Imputing Income

In Colorado, the courts have discretion to impute income to a party in divorce proceedings. However, this is typically done based on the individual’s ability to earn, considering their physical and mental health, employment history, and the availability of jobs for which they are qualified.

Key considerations include:

• The individual’s current physical and mental health.
• Past employment history and earning capacity.
• Educational background and the potential for retraining.
• Availability of suitable job opportunities in the current market.

Disability and Imputed Income

If you are unable to work due to a disability stemming from a recent illness and surgeries, this should be a significant factor in determining whether and how income should be imputed to you. The court should consider your current ability to work, taking into account your medical condition and any long-term impacts of your illness and treatments.

Steps to Take:

1. Provide Medical Evidence: Submit detailed medical documentation to the court, demonstrating your current health status, limitations, and prognosis. This may include medical records, letters from your doctors, and any disability determinations from other agencies (e.g., Social Security Administration).
2. Legal Representation: Ensure your attorney understands the full extent of your health issues and how they impact your ability to work. If you feel your concerns are not being adequately represented, consider seeking a second opinion from another attorney who has experience with similar cases.
3. Consider Vocational Evaluation: In some cases, a vocational expert’s evaluation might be necessary to assess your earning capacity, considering your disability. This expert can provide testimony on your behalf regarding the impact of your health on your ability to work.

Consulting a Legal Professional

Given the complexities involved in imputing income, especially when dealing with health-related work limitations, it’s crucial to seek personalized legal advice. A family law attorney can provide guidance tailored to your specific situation, helping to ensure that your financial interests are protected during the divorce proceedings.

For more information on divorce and family law in Colorado, you can visit the Colorado Judicial Branch’s Self-Help Center.

Note: This information is intended to provide a general overview and should not be construed as legal advice. Laws and interpretations can change, and each situation is unique. Always consult with a qualified legal professional for advice specific to your circumstances.