My spouse can earn more but refuses to. How is this handled for purposes of Child Support?

When we calculate child support, we generally use the actual incomes of both spouses. But what happens when your spouse is under earning? That is, s/he is working less than full time and/or is not earning as much as s/he is capable of? You may have some leverage in negotiations and/or a court hearing to seek a modification to the child support number based on your spouse’s refusal to seek employment commensurate with his or her experience and education level.

If you are able to successfully prove that your spouse is underemployed, “imputing” higher wages to her/him can change the child support calculation dramatically. If your spouse is the “payor”, child support will increase. If s/he is the recipient of support, support will decrease.

But it’s not that simple. Keep reading to learn the ins and outs of child support payment in light of an under earning spouse.

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