If you are familiar with child support, then you know how important proof of the parents’ actual incomes is. That’s because, in most situations, the court will base the amount of support on the parents’ actual current incomes unless there is substantial proof (and a finding from the judge) that a parent is voluntarily avoiding working (or voluntarily avoiding earning what he’s capable of earning.) Those latter two scenarios are called “voluntary unemployment” and “voluntary underemployment,” respectively, and if you think that your child’s parent has engaged in either, it is essential to consult a skilled Maryland family law attorney so that he can assist you in getting a court order that sets support at a fair amount.
The law allows the court, if it finds that a parent is voluntarily unemployed or underemployed, to “impute” income to that parent. Imputing income means that the court calculates child support based, not on the parents’ actual incomes, but on the voluntarily underemployed/unemployed parent’s imputed income and the other parent’s actual income. For example, consider a hypothetical couple where the father was an experienced attorney making $250,000 per year, and the mother was a pediatrician who, during the divorce, voluntarily left her $200,000-per-year practice to become a preschool teacher making $40,000 per year. In that case, the court might set support at the amount consistent with what the guidelines dictate for a supporting parent making $250,000 and the residential parent making $200,000 (or something close to it.)
Sometimes, though, a parent’s low ebb (in terms of income) is not voluntary but is completely beyond his control. When it happens that your ex-spouse experiences an uncontrolled low ebb in his income right around the time of your divorce, does that mean that you are just out of luck? As one recent case from Annapolis demonstrates, the answer clearly is “No, you’re not!”