Can A Maryland Court Impute Income To A Parent Who Is Unemployed Or Underemployed?
In Maryland, child support is typically based on both parents’ income. But what if one parent is unemployed, works part-time, or takes a job that pays far less than their earning power?
Depending on the situation, a Maryland court might determine child support based on a parent’s potential income rather than their actual income. This process is known as “imputing income.”
Voluntary impoverishment and Maryland child support
Under Maryland law, if one parent is voluntarily impoverished, the courts may impute income for child support purposes. Maryland child support guidelines require courts to consider all facts surrounding any controversy regarding voluntary impoverishment.
This happens when a parent voluntarily resigns from a high-paying job, cuts down their working hours, or seeks employment that pays significantly less, even though they can bring in higher income.
Being unemployed or earning a low income does not make one voluntarily impoverished per se.
How does the court determine potential income?
When there is proof of voluntary impoverishment, the court must assess how much income the parent could potentially earn.
Maryland law requires courts to consider various factors when evaluating a parent’s earning capacity. This includes the parent’s age, physical and mental health, level of education, training, literacy, occupational skills, work experience, history of earnings, job search efforts, and barriers to finding a job.
This means the court cannot arbitrarily choose any income figure.
What evidence can be important?
In cases where there are disputes about earnings, information about the parent’s earning potential, based on their finances and employment, may be significant. This includes pay slips, tax returns, job applications, resumes, educational qualifications, salary history, and information regarding available employment.
The reason why their earnings are reduced can also be a factor. If a parent is laid off and makes an effort to find a new job, it’s considered differently than if a parent quit a well-paying job but failed to make reasonable efforts to find a new one.
Protecting your rights in a Maryland child support case
Imputed income can greatly affect Maryland child support calculations. One parent may have child support calculated based on income they are not currently earning, while another may have to prove the income decrease does not reflect their earning potential.
Should there be problems with issues such as unemployment, underemployment, and impoverishment in your child support case, consulting an experienced Maryland family lawyer will give you insight into what evidence will matter in your specific situation.
Talk to a Bel Air, MD Child Support Attorney Today
Schlaich & Thompson, Chartered, represents parents seeking child support from their co-parent. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing what you should do right away.
