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Voluntarily Unemployed Or Voluntarily Underemployed And Imputation Of Income For Child Support

July 15, 2015 by  
Filed under Uncategorized

 

 

Where a court finds in a divorce or paternity case that a parent is voluntarily unemployed or underemployed it can impute income to that parent for the calculation of child support.  First a court should decide if a termination of income was voluntary.  Second a court should decide if continuing unemployment or underemployment is a result of lack of best efforts to secure employment.  

A court can impute income based upon a parents potential and probable earnings evidenced by  recent work history, occupational qualifications, and prevailing earnings in the community.  In support of the imputation of income, evidence can be presented as to prevailing wages based upon qualifications, the availability of positions the parent is qualified for, living expenses, and lifestyle.  A party seeking to impute income must present competent and substantial evidence that the other parent can earn the amount sought to be imputed.  A court must then make specific findings about the source and amount of the available income.  

If a parent is voluntarily unemployed or underemployed in your case you will need to present competent and substantial evidence of it to the court if you want the court to impute income.  It is important that you get the help you need from an attorney to develop, gather, and present the evidence that reveals to the Court that the other parent is voluntarily unemployed or underemployed so your child(ren) can get the correct amount of child support.

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