If a parent or former spouse is intentionally underemployed or unemployed, except where necessary for school or to take care of the child or children, the court may impute income.
The imputed income will be the basis for the child and or spousal support order. That is the only mechanism by which the court can try to force the intentionally underemployed or unemployed spouse and or parent back to the proper paying work.
The burden of proving intentional underemployed or unemployed is on the person making the claim. That means that the person making the claim must have evidence to support their claim.
- If your former partner was making $100,000 per year during the marriage. Then after separation, without any real reason, he left his job and started a new job making $30,000 per year. The court would likely impute income of $100,000 on your former partner.
- If your former partner was making $100,000 per year during the marriage. Then after separation, he left his job and started a new job making $50,000 per year. The reason he gave was that he had reached the maximum pay at his former position and there is much higher earning potential at the new job the court would likely not impute income.