What Happens When the Other Parent Quits Their Job to Avoid Child Support

California Child Support Recovery System | Justice Foundation

Voluntary unemployment or underemployment to reduce child support is one of the most common and most transparent evasion tactics in child support cases. California courts have a clear legal doctrine to address it: imputed income. When a parent voluntarily reduces their income to avoid support, the court can calculate support based on what that parent is capable of earning — not what they choose to earn.

The Imputed Income Doctrine

Under California Family Code Section 4058(b), a parent’s income for child support purposes includes the earning capacity of that parent — defined as their ability to earn income based on their recent work history, job skills, education, and the availability of work in their field. If the court finds that a parent is voluntarily unemployed or underemployed, it can impute income at the level that parent is capable of earning, regardless of their current actual earnings.

Proving Voluntary Unemployment

Establishing that unemployment is voluntary rather than genuine requires evidence. Relevant evidence includes: the parent’s prior work history and the income they earned before quitting, their professional credentials, licenses, and education that make them employable, the availability of comparable jobs in their field in their area (job postings, labor market data), any statements they made about quitting specifically to reduce support, and the timing of the job loss relative to support proceedings. The contrast between prior income and claimed current capacity is itself powerful evidence.

What Courts Impute

Courts impute income at the “median earnings for the parent’s occupation,” or at the level consistent with the parent’s training, education, and work history. A software engineer who quits their $150,000/year job may have income imputed at the median software engineering salary in their area. A surgeon who stops practicing may have income imputed at the median for their specialty. Imputed income is not unlimited — it’s anchored to realistic market rates for the parent’s actual skills and experience.

Filing for Imputed Income

Request a hearing on imputed income by filing a Request for Order citing Family Code Section 4058(b). Prepare evidence of the parent’s prior income, qualifications, and the available job market. The Justice Foundation kit includes the RFO forms, evidence checklist, and legal standards for imputed income proceedings in California.