When a Parent Quits a Job to Avoid Support in Pennsylvania

Child support is designed to ensure that children have the resources they need to thrive, regardless of their parents’ relationship status. Unfortunately, some parents attempt to avoid their financial responsibilities by quitting a job or reducing work hours.

Voluntary underemployment is something Pennsylvania courts take seriously. If you’re facing a child support dispute involving underemployment, seeking advice from a Bucks County family attorney early can help you navigate the process and protect your rights.

What Is Voluntary Underemployment?

Voluntary underemployment occurs when a parent is capable of earning more than they are but chooses not to, particularly to reduce child support obligations. This could involve quitting a well-paying job, turning down reasonable employment opportunities, or intentionally taking a lower-paying position without valid justification.

Courts look closely at the reasons for a parent’s employment change. If the parent can prove the move was due to legitimate circumstances (such as a layoff, health issues, or the need to care for a child) it may not be considered voluntary. But if the evidence suggests the change was made to dodge support payments, the court can take corrective action.

When a parent deliberately reduces their income, Pennsylvania courts have the authority to impute income. This means the court assigns an income level to the parent based on what they could reasonably earn, rather than what they are currently making.

To determine imputed income, the court may consider:

• Work history and earnings in previous jobs
• Education, skills, and professional qualifications
• Local job market conditions
• Efforts made (or not made) to find suitable employment

Once the imputed income is set, the court uses it, not the actual lower income, to calculate child support.

Imagine a Bucks County parent earning $70,000 a year who quits their job to take a part-time position making $20,000. If the court finds no valid reason for this reduction other than avoiding support, it may calculate child support as if the parent were still earning $70,000. This ensures the child is not financially harmed by the parent’s decision.

Are There Evasive Behaviors Beyond Quitting a Job?

It can also be viewed as voluntary underemployment if a parent only works for cash to avoid reported income, starts a business but pays themselves very little, or shifts assets into someone else’s name. Pennsylvania courts can investigate these tactics and adjust support orders accordingly.

If you believe the other parent is intentionally underemployed, or if you are accused of this yourself, legal representation is essential. A Bucks County family attorney can gather evidence of earning potential and advocate for fair support calculations that reflect the child’s best interests.

Are you suspicious of your ex-spouse suddenly making so much less money? Pennsylvania courts aim to protect children from the financial fallout of a parent’s evasive choices. Quitting a job to avoid support doesn’t erase the obligation. In many cases, these choices can backfire. Share your concerns with the talented attorneys at Kevin L. Hand, P.C. Call 215-515-2604 to schedule a confidential consultation.