As a parent, you have the right to receive support that covers your child’s needs. However, it is a frustrating reality when a co-parent suddenly loses their income just as support is being calculated. If you believe they did this to avoid paying child support, you are likely dealing with a case of voluntary impoverishment.
What is voluntary impoverishment?
Voluntary impoverishment occurs when a parent makes a voluntary and conscious choice to remain unemployed without a valid reason. This becomes apparent when a court orders a parent to provide child support.
In Maryland, the courts do not only consider a parent’s intent to avoid child support. A judge can focus on whether the decision to earn less was a choice. If they find the parent earning less than what they are capable of, the parent can be guilty of this unlawful act, even if they are not trying to cheat the system.
How does a judge impute income?
If you suspect your ex-spouse of avoiding child support, you may raise a dispute with the court. A judge will then examine the totality of the circumstances to see if the other parent is working to their full capacity. They look at these factors:
- Individual attributes
- Education and qualifications
- Employment history
- Local job market
- Barriers that deter employment
If a judge finds that your ex-spouse voluntarily left their job, they will impute income. This involves calculating child support based on what the other parent should be making.
However, Maryland law prohibits a finding of voluntary impoverishment if your ex-spouse is in jail or has a disability. Additionally, a judge might not assign income if the parent stays home to care for a child under the age of 2 that the parents share
Protecting your family’s rights
Proving that someone is intentionally avoiding work requires evidence. Because these cases are high-stakes and legally technical, seeking legal counsel is the best next step. An experienced family law attorney can help you present the facts to the court and fight for your family’s future.