The issues of unemployment and underemployment have grown in importance in their relation to domestic relations cases over the past decade. When determining child or spousal support, a court may examine not only how much money a party makes, but also how much they should make given their employment, educational history, and skills.
When a court determines that an individual is purposefully underemployed or unemployed, it may impute (assign), income to that particular spouse. An increase in income will ultimately result in the spouse having a greater obligation if child or spousal support is warranted. Of course, this is without the benefit of actually receiving the increased income.
The Second Appellate District in Montgomery County, Ohio recently upheld a trial court’s analysis in imputing income to a father for child support purposes. In In re S.E., 2013-Ohio-5057, the father was determined to be purposefully unemployed and underemployed. Despite obtaining a bachelor’s degree in computer engineering, the father did not work form 2006 to 2009 and subsequently performed sporadic freelance work. Since it was determined that he was voluntarily underemployed, the Magistrate imputed a wage of $25 an hour when his testimony indicated that wages in his field range from $15 to $50. This resulted in the father being docked a full time wage of $52,000.
In its analysis, the court cited R.C. §3119.01(11) that provides the rubric for calculating potential income in instances where the Court determines a parent is voluntarily unemployed or underemployed. This calculation is based on eleven factors including, but not limited to, the parent’s educational experience, prior employment, the prevailing wage, and earning capacity.
The purpose of the statute is to limit gamesmanship and ensure equity between the parties when a support order is being calculated. While this statue and its application are not perfect, they can help in making sure that parents are paying their fair share to either their spouse or their children. When looking for representation in domestic relations matters, it is prudent to seek counsel that understands the complexities of spousal and child support when parents are seeking divorce.