Determining child support obligations is a critical aspect of divorce proceedings. The state has set child support guidelines that help calculate the appropriate amount based on each parent's income, assets and other relevant factors. The judge reviews each parent's financial situation, applies the guidelines and issues an order specifying the amount of child support the noncustodial parent must pay.

However, complications can arise when one parent attempts to lower their child support obligations by voluntarily taking a lower-paying job or by quitting work altogether. Arizona law addresses this issue by allowing the court to impute income to a parent who is unemployed or underemployed without reasonable cause. According to Arizona statute, “The court shall presume, in the absence of contrary testimony, that a parent is capable of full-time employment at least at the applicable state or federal adult minimum wage, whichever is higher.”

There are several scenarios where this might occur. A parent with a high-paying job could suddenly quit and take up part-time work at minimum wage without a valid reason. Another situation might involve a parent with specialized skills and a solid work history who opts for a much lower-paying job than what their qualifications would typically command. Or, a parent might be laid off from a job and remain unemployed without actively seeking comparable employment.

The amount of income imputed by the court depends on various factors, including the unemployed or underemployed spouse’s age, education, work history, past earnings and child support obligations from another relationship. For instance, a parent with a professional degree and a history of high earnings may have income imputed at a level reflecting their potential to earn in the current job market.

Parents charged with being unemployed or underemployed to avoid child support payments can raise counterarguments. A judge may decline to impute income if the parent has a physical or mental disability that limits their ability to work; is attending classes or occupational training to enhance their earning potential; or has a child with emotional or physical needs that require the parent to be at home. Parents receiving Temporary Assistance to Needy Families (TANF) benefits may also be exempt from having income imputed.

Note that imputing income does not guarantee that the parent will have the resources to pay the required level of child support. In such cases, enforcement measures may be necessary, which can include wage garnishment, liens on property or even contempt of court proceedings.

Due to the complexities involved in imputing income and enforcing child support orders, retain an experienced child support attorney who can advocate for your rights, ensuring that your children’s financial security is protected.

At Clark & Schloss Family Law, P.C. in Scottsdale, Arizona, our attorneys are highly experienced in child support disputes, representing paying and receiving parents. You can schedule a consultation by calling 602-789-3497 or contacting us online.