What if the non-custodial parent is unemployed or underemployed?
Unemployed and underemployed individuals will usually be directed to pay child support based on their earning capacity. Although the CSSA provides for this “imputation” of income in situations where the individual is attempting to avoid a support obligation by becoming or remaining un- or underemployed, in practice the courts are not likely to consider the rationale and will simply order child support based on what the court believes someone should be earning. In defense, an individual who has honestly fallen on hard times must establish diligent efforts to find the former level of employment. If unemployment is the result of a disabling injury, expert testimony may be needed to establish both the disability and its effect on the person’s ability to earn.
Related Questions
- The CSSA mandates that a minimum of $25.00 per month be fixed as child support even if the non-custodial parent is unemployed and has no income or assets. Can my spouse and I agree to amounts that are different from the amount of child support required by the "CSSA" guidelines?
- What information should the non-custodial parent provide the DCSE after filing for bankruptcy?
- Is there any reason a judge would refuse to allow visitation for a non-custodial parent?
