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July 12, 2007



In reference to one parent working part-time. If the mother states she works part-time to care for a child under the age of two however the child in question (child under two) is not the father's child, can voluntary impoverishment apply here or does the father carry a larger percentage of the financial obligation although the child requiring additional time is not his?

Heather Sunderman

There are a several factors a judge considers for voluntary impoverishment, mostly surrounding past work history, level of education, the efforts made to retain employment. Also, it is important to note that the guidelines are set up such that the non-custodial parent's income is the biggest factor.....as a result, the increased income of a custodial parent imputed may or may not result in a material change of circumstances. So in short answer, voluntary impoverishment can apply to the situation you describe, it would depend on the specific circumstances.


Ok Here it is..I am the father of 2 children who i raised by myself the last 3 years. I have finally recieved joint custody with physical custody being with me she has visitation every other weekend. I have filed for support and she has stated she will work part time to avoid "paying me". I can not prove this being she only verbally said it to me. There is nothing stopping her from working, she only has the kids every other weekend and therefor is open to all shifts. She has no other children that prevent that. She has lost her last 2 good jobs because of her absenteeism. Now because of her party lifestyle and her not wanting to "pay me" child support she works temporary part time. How do i go about making sure she helps with these children?


If the custodial parent is not working, had another child by a new spouse, claims that the new husband pays all the bills because she goes to school, the custodial parent already has a criminal law degree and allegedly a nursing license, and still claims she cannot work. Will the judge consider this voluntary impoverishment and will they then consider the spouses income since him paying all expenses is there agreed upon arrangement? Will the judge request employment history ?

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