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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 New York State, 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 their potential income rather than their current income. This is to ensure that child support determinations are fair and that children receive the financial support they need. The court will consider factors such as the parent's employment history, education, and the job market to assess what they could realistically earn. This approach prevents parents from avoiding their child support obligations by deliberately lowering their income.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

New-York State Code

New-York State Code

Child support

unemployment/underemployment

Articles