Avoiding Obligations Through Voluntary Underemployment

Child support is designed to ensure that children receive the resources they need, regardless of their parents’ relationship status. In New Jersey, child support obligations are not optional, and attempts to avoid them by quitting a job or working fewer hours than one is capable of can lead to legal consequences.

Disputes involving support and voluntary underemployment or unemployment can quickly become contentious. An experienced Somerset County family lawyer can help gather employment records, subpoena financial documents, and present evidence to ensure your child’s needs are met.

What Is Voluntary Underemployment?

Voluntary underemployment occurs when a parent intentionally earns less than they are capable of, such as by switching to part-time work or taking a lower-paying job without a valid reason. Voluntary unemployment happens when a parent quits a job entirely, again without a legitimate justification.

Some paying parents may believe that if they reduce their income, the court will lower their child support payments. But New Jersey courts are well aware of this tactic, they have tools to ensure children are not financially harmed by such choices.

When courts determine that a parent has chosen to earn less than they reasonably could, it can “impute income” to that parent. Imputed income means the court assigns an income level to them based on their work history, qualifications, and earning potential.

For example:

• A parent who was earning $80,000 per year but quit to take a part-time retail job making $20,000 could still have child support calculated as if they were earning $80,000.
• Leaving a job without proof of medical disability, layoffs, or other valid reasons may be treated as if they still have the ability to work at their previous earning level.

If you are the receiving parent and your ex-spouse suddenly reduces their income, you can request a court review of the child support order. The court will look closely at past salaries, job market conditions, and reasons for the change in income.

Should the evidence show the income reduction was intentional to avoid paying child support, the court can refuse to lower payments. It is possible for a court to order arrears if payments have been reduced without approval as well.

Are There Valid Reasons for Reduced Income?

Yes, it’s important to note that not all income reductions are suspicious. Job loss due to layoffs, serious illness, disability, or unavoidable economic conditions may justify a modification of child support. The key difference is whether the change was beyond the parent’s control. Talk to a Somerset County family lawyer to have your unique situation reviewed.

Is your ex-partner telling you they can no longer afford to make full support payments because they have moved from full-time job to part-time work? Share the specifics of your situation with the legal team at the Law Offices of Kisha M. Hebbon, LLC. Parents in New Brunswick, North Brunswick, Piscataway, Edison, Somerset County, and Middlesex County have a responsibility to provide their children with financial support. Contact us to schedule a confidential consultation.