Calculating Imputed Income in Divorce Proceedings
Examining Earning Capacity, Income Sources, and Intent in Spousal and Child Support Determinations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Family Law
- event Date
Tuesday, February 25, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide family law counsel with strategies for evaluating imputed income for asset divisions and child and spousal support determinations in divorce proceedings and settlements. The panel will offer insights on uncovering, establishing, and evaluating potential sources of income; outline appropriate discovery methods to obtain necessary information for calculating imputed income; and discuss techniques to shield income when a spouse is employed by a closely held business.
Faculty

Mr. Shilts is an industry-leading expert in forensic accounting and business valuation (“FVS”), a thought leader, educator, and entrepreneur who assists attorneys, individuals, and businesses with complex financial matters and disputes. A focused problem-solver, he is equal parts expert, sleuth, and engaging communicator who thrives on the challenges and demands of his career. Mr. Shilts has held roles with public accounting firms ranging in size from the “Big Four” to smaller regional and local firms, as well as large public organizations throughout Florida and New York.

Mr. Stange is a founding partner of Stange Law Firm, PC, a multi-state family law firm with offices in Missouri, Illinois, Kansas, Oklahoma, Nebraska, Indiana, Iowa, Texas, and Kentucky. Through his dedication to clients and their family law cases, Mr. Stange has been recognized for numerous awards including Super Lawyers, Missouri & Kansas Super Lawyers Honoree for Family Law, 2015 to present (The final published Super Lawyers list represents no more than 5% of the lawyers in the state); and Missouri Lawyers Media, The POWER List Top 30 for Family Law, since 2020. He is the author of a chapter in a book through Thomson Reuters (Aspatore Publishing) titled, Strategies for Military Family Law: Leading Lawyers on Navigating Family Law in the Armed Forces (Inside the Minds). Mr. Stange released a full-length book through Thomson Reuters (Aspatore Publishing) titled, Prenuptial Agreements Line by Line. He authored another chapter in a book through Thomson Reuters (Aspatore Published) titled, Strategies for Illinois Family Law: Leading Lawyers on Leveraging Alternative Dispute Resolution, Negotiating Alimony and Child Support, and Managing Client Expectations (Inside the Minds). Mr. Stange is licensed in Missouri, Illinois, and Kansas; and before the U.S. District Court for the Eastern District of Missouri. He earned his J.D. degree from the University of Missouri-Columbia.
Description
Voluntary unemployment or underemployment, a financially disadvantageous job change, a sudden early retirement, or underutilization of income-producing assets can all be evidence of a party's intentional decrease in earnings to reduce support obligations in a divorce. The finances of a closely held business operated by one party can also be manipulated to provide an effective vehicle to hide income.
Counsel must be able to identify and leverage critical financial information contained in financial documents and tax returns to prepare the financial statements for the case file and to argue that a party's earning capacity, not actual income earned, should be used to determine support obligations. Counsel must also be aware of evidence courts require to support an award based on imputed income and the role intent to avoid paying support or intent to reduce income plays in that analysis.
Listen as our authoritative panel offers strategies for imputing income, or contesting claims of imputed income, in divorce proceedings with questions of child and spousal support. The panel will provide insight on establishing and evaluating potential sources of income, outline appropriate discovery methods to obtain hidden financial information, and discuss techniques used to shield income when a spouse is employed by a closely held business.
Outline
- Review of case law on earning capacity and imputed income
- Discovery and evidence to support imputing income in a divorce
- Tax returns
- Financial statements
- Use of financial and vocational experts
- Calculating earning capacity
Benefits
The panel will review these and other key issues:
- What items in tax returns and financial statements can help determine earning capacity?
- How do courts treat investments such as stocks, bonds, and real estate in evaluating earning capacity?
- What earning patterns and history can be used to support imputing income?
- How can expense records be used to uncover hidden income in a closely held business?
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