How Does Child Support Work If One Parent Doesn't Work?

Even if one parent isn't working, they are typically still obligated to financially support their child. Courts use a principle called "imputed income" to ensure that children receive the necessary support, preventing parents from avoiding their responsibilities by simply choosing not to work.

The Concept of Imputed Income

Imputed income refers to the income that a court believes a parent could be earning based on their education, work history, skills, and the local job market, even if they are not currently employed or are intentionally earning less than they could. The purpose of imputing income is to ensure that a parent does not intentionally or voluntarily shirk their financial duty to their child.

Scenarios When a Parent Doesn't Work

Courts examine the reasons why a parent is not working to determine the appropriate child support calculation.

Voluntary Unemployment or Underemployment

If a court determines that a parent is voluntarily unemployed (choosing not to work) or underemployed (choosing to work less or at a lower-paying job than they are capable of), it will likely impute income to them. This means the court will calculate child support as if the parent were earning a reasonable income.

Factors the court may consider include:

• Past earning history: What the parent has earned in previous jobs.
• Education and skills: The parent's qualifications and potential earning capacity.
• Local job market: The availability of jobs suitable for the parent's skills and experience.
• Reason for unemployment: Whether the parent quit a job, was fired for cause, or simply chose not to seek employment.

For example, if a parent with a degree and years of experience as an engineer quits their job to avoid child support, a court may impute income to them based on what a typical engineer with similar qualifications would earn.

Involuntary Unemployment

If a parent is genuinely unemployed due to circumstances beyond their control, such as a layoff, a severe economic downturn, or a company closing, the court's approach may differ. In such cases:

• The court may temporarily set child support based on any unemployment benefits the parent receives.
• The unemployed parent will typically be expected to actively seek new employment.
• They may need to provide proof of their job search efforts (e.g., job applications, interviews).
• Once re-employed, the child support order will likely be reviewed and adjusted based on their new income.

Disability or Retirement

When a parent is unable to work due to disability or retirement, their specific situation is carefully considered. Any disability benefits (e.g., Social Security Disability) or retirement income (e.g., pensions, Social Security retirement benefits) that the parent receives are still included and factored into child support calculations.

However, even in cases of disability or retirement, courts prioritize meeting the child's needs. If the disability or retirement income alone is insufficient, or if there is a perception that the parent could still earn some income (e.g., part-time work compatible with their condition), the court may still use alternative methods, such as imputing additional income or carefully considering voluntary unemployment (e.g., if early retirement was chosen specifically to avoid support obligations), to ensure the child's financial well-being is adequately addressed.

Factors Courts Consider When Imputing Income

When deciding whether to impute income and how much, courts typically look at a range of factors to determine a parent's earning capacity:

• Educational background: Degrees, certifications, and specialized training.
• Prior work experience: Job history, positions held, and typical salaries.
• Job skills and training: Specific abilities and professional licenses.
• Current job market: Availability of suitable employment in the area.
• Age and health: Physical and mental capacity to work.
• Childcare responsibilities: If the non-working parent is the primary caregiver for a very young child, this may be considered.
• Reason for not working: Whether the unemployment is voluntary or involuntary.

How Child Support is Calculated with Imputed Income

Once a court determines a parent's imputed income, that amount is then plugged into the state's specific child support guidelines. Most states use one of two main models:

• Income Shares Model: This model estimates the amount of money parents would spend on their children if they lived together and then divides that amount proportionally between the parents based on their respective incomes (including imputed income).
• Percentage of Income Model: This model calculates support as a percentage of the non-custodial parent's income (including imputed income).

Regardless of the model, the goal is to arrive at a fair support amount that reflects the parent's ability to earn. For specific guidelines, you might refer to your state's child support enforcement agency or court websites (e.g., State Child Support Guidelines).

Important Considerations

• Documentation is Key: Parents should provide thorough documentation of their income, employment efforts, or reasons for not working.
• Child's Best Interests: The overriding principle in all child support decisions is the best interests of the child, ensuring their needs are met.
• Legal Representation: Navigating child support calculations, especially when one parent is not working, can be complex. Consulting with a family law attorney can provide valuable guidance and representation.

In conclusion, not working does not typically excuse a parent from their child support obligations. Courts have established mechanisms, primarily through the concept of imputed income, to ensure that children continue to receive the financial support necessary for their well-being, regardless of a parent's employment status.