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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 California, courts have the authority to order a parent to pay child support based on their earning potential rather than their actual income if it's determined that the parent is intentionally unemployed or underemployed. This concept is known as 'imputing income.' When calculating child support, the court will consider factors such as the parent's work history, education, skills, and job opportunities to estimate what they could be earning. The court's goal is to ensure that a parent does not evade their child support obligations by choosing not to work or by working less than they are capable of. This is in line with California's public policy to prioritize the best interests of the child, ensuring they receive adequate financial support from both parents.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

California State Code

California State Code

Child support

unemployment/underemployment

Articles