In re Marriage of Eggers

In In re Marriage of Eggers (2005) 131 Cal.App.4th 695, a father sought to modify a prior child and spousal support order after he lost his job based on his own misconduct. (Eggers, supra, 131 Cal.App.4th at p. 697.) The family court denied the modification, reasoning that because the father was at fault for losing the job, it was appropriate to impute an income to Father at the same level as his prior job. (Id. at p. 698.) The reviewing court reversed, concluding the court abused its discretion by imputing income without considering the father's ability and opportunity to earn the same amount in a new job. (Id. at pp. 699-701.) The court explained that, unlike a voluntary job loss where a parent is considered to have voluntarily divested himself or herself of income, it is generally not reasonable to presume a parent had the opportunity and ability to earn the prior amount after an involuntary job loss. (Ibid.) However, in remanding, the Eggers court made clear that it was the father's "burden to prove that he either lacked the ability to find employment or had no reasonable opportunities to obtain employment." (Id. at p. 701.) The court noted that the trial court did not reach these issues and therefore remanded "the matter to the trial court to conduct a new hearing and determine whether income should be imputed to father under Family Code section 4058, subdivision (b), and, if so, the amount of such income to be imputed." (Id. at p. 697.)