§1.16 Lifestyle Evidence

One parent may claim that the other parent must be making more money than the evidence indicates based on that parent's lifestyle. (Example: "He just got back from Paris, and he and his girlfriend have a new car, a new house, and membership in an exclusive fitness club—he must be making more than he is claiming!") However, you cannot base a finding of income on "lifestyle evidence" alone. Such an argument has to be supported by income evidence, such as recent tax returns, income and expense declarations, pay stubs, and testimony from experts and the parties. The income figure may not be "plucked from thin air." [See Marriage of Loh (2001) 93 CA4th 325, 327, 335, 337-338.]