Can the court base its child support order on what I am able to earn as opposed to what Im actually earning?
In most states, the judge is authorized to examine a parent’s ability to earn as well as what she is actually earning, and order higher child support if there is a discrepancy. Actual earnings are an important factor in determining a person’s ability to earn, but are not conclusive where there is evidence that a person could earn more if she chose to do so. For example, assume a parent with an obligation to pay child support leaves his current job and enrolls in medical or law school, takes a job with lower pay but good potential for higher pay in the future, or takes a lower paying job that provides better job satisfaction. In each of these situations, a court may base the child support award on the income from the original job (ability to earn) rather than on the new income level (ability to pay). The basis for this decision would be that the children’s current needs take priority over the parent’s career plans and desires. On the other hand, several courts have ruled that a parent’s
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