Earning less than one’s potential doesn’t automatically prompt the court to impute income. However, if a parent is voluntarily staying unemployed or earning less to reduce their share of child support, the court may look beyond that parent’s current income.
Factors used to calculate potential earnings
Judges follow specific rules to set a fair number. They generally use the parent’s:
- Recent work history
- Occupational qualifications
- Prevailing community wages
Reviewing these details helps the court create a true financial profile for the family law case. These evidence-based findings prevent one parent from unfairly shifting the money burden to the other during the divorce or child support proceedings.
When courts may decline to impute income
The state does not by itself label every parent who earns less than their potential as voluntarily underemployed. Judges may decline to impute income if a parent has a proven physical or mental disability. Professional testimony can help show why a parent cannot work at a higher capacity.
Similar exceptions often apply to child support calculations when a parent stays home to care for a child with special needs. The court weighs the best interests of the child against the financial power of the parent. Documenting these needs helps the court make a fair decision.
Securing a fair support arrangement
Managing these money rules needs a clear view of rights and duties under state law. Professional guidance can help the court receive accurate records about earning capacity and family needs. Speaking with a family law attorney who understands these details can provide clarity.