Select your state

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 Minnesota, the court has the authority to order a parent to pay child support that exceeds the amount calculated under the standard child support guidelines if it is determined that the parent is voluntarily unemployed or underemployed. This means that if a parent is intentionally not working, or is working below their capacity to earn more income, the court can base the child support obligation on the parent's potential income rather than their actual income. This is done to ensure that children receive adequate support and to prevent parents from avoiding their financial responsibilities to their children by choosing to earn less than they are capable of. The court will consider factors such as the parent's education, work experience, and the job market to determine what the parent could potentially earn. The decision to impute income is at the discretion of the court and is intended to promote fairness and protect the best interests of the child.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Minnesota State Code

Minnesota State Code

Child support

unemployment/underemployment

Articles