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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 Louisiana, courts have the authority to order a parent to pay child support that exceeds the amount dictated by their actual income if it is determined that the parent is intentionally unemployed or underemployed. This means that if a parent is capable of earning more but chooses not to, the court can base child support obligations on the parent's potential earning capacity rather than their current income. The state's child support guidelines allow for this consideration to ensure that children receive adequate support and that parents cannot evade their financial responsibilities by deliberately minimizing their income. The court will assess various factors, such as employment history, education, and job opportunities, to estimate what the parent could reasonably earn and may impute income to that parent accordingly for the purpose of calculating child support.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Louisiana State Code

Louisiana State Code

Child support

unemployment/underemployment

Articles