Underemployed or unemployed parents

It is rebuttable presumed that parents are capable of working 40 hours per week

Anything less than 40 hours a week could potentially be underemployed.

• Exceptions to this presumption include (but are not limited to):
  • Work history of less than 40 hours per week
    • Example: A parent has no history of working 40 hours per week because the family didn’t need two full time incomes or they stayed home with the kids allowing only part time work
  • industry standard of less than 40 hours a week
    • Example: Medical staff whose standard full time week is 32 hours per week, flight attendants with weird work schedules,
  • physical/mental condition that limits amount a person can work,

When is a parent NOT voluntarily unemployed?

• Temporary condition and ultimately will lead to an increase in income
  • Example: student, perusing further education
• “Bona fide” career change that outweighs adverse effects that diminished income has on joint child
• Physically or mentally incapacities
  • Usually if they are receiving General Assistance (“GA”) or SSI they will automatically qualify as not voluntarily unemployed
    • Court may require proof of disability.
• Incarcerated
• Self-employment income is lower due to economic conditions
• Parent cares for joint child.
  • However, the Court will consider
    • Did parent caring for the child start before or after the legal proceeding commenced
    • the cost of childcare is less than parent would earn; and
    • Child’s age and health; and
    • lack of availability of childcare providers