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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Alaska, the court has the authority to order a parent to pay child support in an amount that exceeds what would typically be mandated by the parent's actual income according to the state's child support guidelines. This can occur if the court finds that the parent is intentionally unemployed or underemployed, meaning the parent has chosen not to earn as much as they could. In such cases, the court may base the child support obligation on the parent's potential earning capacity rather than their actual income. This is to ensure that a parent cannot deliberately avoid their child support obligations by reducing their income. The court will consider various factors to determine if the lower income is intentional and what the parent's earning potential truly is. These factors may include the parent's work history, education, health, and the job opportunities available to them.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Alaska State Code

Alaska State Code

Child support

unemployment/underemployment

Articles