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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 Idaho, the courts have the authority to order a parent to pay child support that exceeds the amount calculated under the state's child support guidelines if it is determined that the parent is intentionally unemployed or underemployed. This means that if a parent is capable of earning more money but chooses not to do so, the court can base the child support obligation on the parent's potential income rather than their actual income. The intent behind this regulation is to prevent parents from avoiding their child support obligations by deliberately earning less than they are capable of. The court will consider factors such as employment history, education, physical and mental health, and availability of employment opportunities to determine what the parent could potentially earn. This ensures that the child support payments are fair and reflect the parent's ability to contribute to the financial needs of their child.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Idaho State Code

Idaho State Code

Child support

unemployment/underemployment

Articles