When one parent is unemployed, there are a number of factors the court considers in determining what, if any, income should be imputed to the unemployed parent.
-If the parent is "voluntarily" unemployed (which may not be as obvious as you may think) then the court may impute to that parent the income he/she was making prior to the voluntary unemployment.
-If the parent just recently lost a job, even if it was 'involuntary" the court may be able to impute to the person the income he/she was earning before, if that person has only been unemployed a short period of time.
-If the parent has not worked for a long time, the court will not automatically impute what the person used to earn. In fact, the court can, in such a case, only impute minimum wage. The parent trying to 'prove" the unemployed parent can get a job and earn more would need testimony from a vocational expert, which is a very expensive process.
There are a number of other variables in this equation which would require more facts to discuss, but hopefully this gives you a general idea of how the court handles these situations.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.a.
954-316-3496
info@vovalaw.com
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