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Legal Memorandum: Imputation of a Stay-at-Home Mother's Income

Issue: What cases address how income is imputed to a stay-at-home mother under Minnesota law?

Area of Law: Family Law
Keywords: Stay-at-home mother; Imputation of income
Jurisdiction: Minnesota
Cited Cases: 607 N.W.2d 176; 560 N.W.2d 407
Cited Statutes: Minn. Stat. § 518.552, subd. 2
Date: 04/01/2005

  • Maurer v. Maurer, 607 N.W.2d 176 (Minn. Ct. App. 2000) (trial court may not impute income to stay-at-home mother when she continues to work the same part-time hours in the same position and there is no evidence of intent to reduce income artificially, because no bad faith exists), rev’d on other grounds, 623 N.W.2d 604 (Minn. 2001)
  • Carrick v. Carrick, 560 N.W.2d 407 (Minn. Ct. App. 1997) (in order for the court to impute income to a party for the purpose of setting maintenance, the court must find that that party was voluntarily underemployed in bad faith)

Cases following Carrick and Maurer:

  • Stimmler v. Stimmler, No. A04-1425 (Minn. Ct. App. Apr. 26, 2005) (if income is imputed, the court must fully address factors in Minn. Stat. § 518.552, subd. 2)
  • Bakal v. Bakal, No. C5-01-1661 (Minn. Ct. App. Jul. 23, 2002) (trial court did not err in not imputing income to homemaker based on a 40-hour workweek, where she worked 30 hours per week as daycare teacher)
  • Baudhuin v. Baudhuin, No. C7-01-1564 (Minn. Ct. App. Jul. 2, 2002) (trial court erred by imputing income to wife who was stay-at-home mother)
  • Peterson v. Peterson, No. CX-00-2021 (Minn. Ct. App. Jun. 26, 2001) (trial court did not err in refusing to impute income to wife whose decision to stay at […]

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