Part-time work and child support

An article in the Washington Post today discusses mother and part-time employment.  Many mothers, especially those with young children, find that working part-time allows them time to be with their family while still maintaining a career.   It is the perfect arrangement?   A judge may not think so!  When calculating child support, the Court can impute income to a person who is "voluntarily impoverished."  Both parents have a duty to support their child, and cannot seek to avoid that obligation by not working or by purposely working a lower-paying job.  This is a complex area of the law, and a lot of factors are considered by the Court before finding that a parent has voluntarily impoverished himself/herself, such as health, the efforts made to find employment, past employment history and more.  There is also an exception when one of the parents is caring for their child who is under the age of two.  If you think that the other parent has voluntarily impoverished himself/herself, you will almost certainly need an attorney to help you prove your case and to make sure you have the necessary (and admissible!) evidence.

Comments

[LaMecca]

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.

[Jim]

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?

[Landrews]

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 ?