How Courts Determine Whether a Parent Is Voluntarily Underemployed in Ohio Child Support Cases
If you pay child support, you may worry that Ohio will find you to be voluntarily underemployed if you recently changed jobs or experienced a pay cut. The good news is that Ohio has certain legal requirements that ensure parents are treated fairly and can’t simply be accused of voluntary underemployment without proof.
Has your ex-spouse accused you of voluntary underemployment as a way of avoiding your child support obligations? If so, check out this article, where we will discuss what Ohio categorizes as voluntary underemployment and how the courts determine this.
Ohio Child Support: What Counts as Voluntary Underemployment?
When you pay child support, you’re legally obligated to maintain a certain level of employment so that you can keep up with your financial obligation. So, Ohio categorizes voluntary underemployment as any situation where you have chosen a lower-paying job than you could potentially get.
For example, say someone has the education and experience level of a manager but chooses to get a job stocking shelves. Depending on the evidence, the court may determine that this individual is voluntarily underemployed as a way of dodging child support.
Keep in mind that Ohio differentiates between voluntary vs involuntary underemployment. Because of this, you won’t be penalized for having to take a lower-paying job for circumstances outside of your control. This includes scenarios where you may have to change jobs due to illness, layoffs, or other unforeseen circumstances.
Factors Ohio Courts Will Consider
The good news for those paying child support in Ohio is that the Ohio court cannot simply label you as voluntarily underemployed. It must first consider various factors then come to an official decision. Only then can the court make any changes to your child support obligations or pursue any legal action.
To accurately determine whether or not the underemployment is a result of a voluntary or involuntary decision, the courts will look into your:
- Employment history: The types of jobs that you have held in the past and the types of employment patterns you have established.
- Education and skills: Your educational background as well as any training or specialized skills that equip you for certain types of jobs.
- Job opportunities: The types of job opportunities available to you and your geographic area.
- Health limitations: Any documented mental or physical health limitations that can impact your ability to work.
- Employment efforts: Any effort you have taken to try to find and apply for better-paying jobs.
Understanding Imputed Income in Child Support Cases
If the Ohio court determines that you’re voluntarily underemployed, it can move forward with imputing your income. This is a system that calculates your potential earning capacity, rather than what you’re currently earning at your job. The Ohio court will then use your imputed income to determine what your child support payments will be.
However, here are some examples of when Ohio law prohibits the court from imputing your income:
- You have been incarcerated.
- You receive Social Security disability.
- You have been institutionalized for 12 months or more.
- You receive recurring monetary income from a public assistance resource that uses a means test.
Evidence You Can Use to Prove Involuntary Underemployment
To avoid having the court determine that you’re voluntarily underemployed, which can result in changes to your child support obligations, you need to present evidence to the contrary. There are several types of evidence you can use to prove that you haven’t intentionally tried to reduce your income and have made efforts to seek adequate employment, such as:
- Layoff or termination letters
- Final pay stubs
- Unemployment benefit approval
- Job search logs
- Job applications
- Medical documents
Also, keep in mind that the parent seeking to impute income will carry the burden of proof. So, it’s ultimately up to them to present enough evidence to show that you’re voluntarily underemployed.
To improve your chances of success, you should consider working with a child support attorney in Ohio who has experience with these types of cases.
Seeking Modification of Child Support
In situations where you have become involuntarily underemployed due to things like a cut in pay, layoff, or health issues, you should seek child support modifications. Doing this in advance can ensure you’re able to maintain your child support obligations even after your financial situation has changed.
To do this, you can file a formal request for an administrative review of the child support order with your local child support enforcement agency. The average timeline for this is up to 180 days. Or, you could file a motion for a change of child support with the Supreme Court of Ohio, which can take anywhere between 3 and 6 months.
Before moving forward with either option, you should get the help of an Ohio family law lawyer who can help you present the necessary evidence to get a favorable decision.
FAQ Section
Can I reduce child support by taking a lower-paying job?
Not necessarily. In many cases, the other parent may try to seek to impute your income, which could result in the court labeling you as voluntarily underemployed.
What is imputed income?
Your imputed income is a calculation the court uses to determine what your potential earning capacity is, regardless of your current job or income.
Will losing my job automatically reduce child support?
No. If you lose your job or experience a cut in pay, you will need to formally request a child support modification.
Can I challenge an underemployment finding?
Yes. You have the opportunity to present various forms of evidence proving that you are involuntarily underemployed through things like job search logs, job applications, layoff or termination letters, etc.
Hire a Child Support Attorney in Ohio
You may worry about being accused of voluntary underemployment in Ohio if your job has changed, resulting in a lower income. Richard P. Arthur, Attorney at Law, has extensive experience handling child support cases and can help you navigate any issues that may come up or if you need to modify your child support. To proceed with your case, contact us today at 937-254-3738 for a free consultation.