This Week’s Blog by Andy M. Eliot
How is Child Support Generally Determined in Connecticut?
In Connecticut, the amount of a non-custodial parent’s child support obligation to a custodial parent is directly tied to the respective incomes of both parents. Pursuant to the Connecticut Child Support Guidelines, parents’ respective incomes are plugged into a mathematical formula which yields a presumptively correct weekly child support obligation that one parent must pay to the other.
What Does Voluntary “Underemployment” Mean?
Voluntary underemployment occurs when a parent (whether it be the child support obligor or the parent receiving child support) voluntarily earns less income then he or she is capable of earning based upon his or her education, training and past earnings. Consider, for example, a scenario in which a child support obligor voluntarily leaves a high-paying job on Wall Street shortly before a child support award will issue to pursue a far less lucrative career as a musician; this would be an example of “voluntary underemployment.”
Do Courts Have Any Means to Redress Voluntary Underemployment in Issuing Child Support Awards?
Yes. In such circumstances, courts have the discretion to attribute or “impute” income to a parent (whether it be the parent paying child support, the parent receiving child support, or both) for purposes of determining child support obligations. In other words, when plugging a parent’s income into the mathematical child support formula set forth in the Connecticut Child Support Guidelines, courts may utilize an income figure that reflects the amount of income that a parent could potentially be earning (commonly referred to as “earning capacity”), rather than the amount the parent is actually earning at the time.
How do Courts Determine what Amount of Income to Impute to a Party?
In determining a party’s earning capacity for purposes of imputing income to that party, there is not a precise methodology that Courts employ. Rather, in any given case, the determining Court will examine the unique set of facts in that particular matter in order to make a determination. However, factors that Courts typically would consider in this context would include the relevant party’s historical earnings, employment history, vocational skills, employability, age and health.
Are Experts Ever Used to Determine Earning Capacity?
Yes. In cases where earning capacity is an issue, it is common for either or both parties to hire vocational experts for the purpose of proving (or disproving) the other parent’s earning capacity. A vocational expert will generally testify about what a person with similar experience and expertise should make.
Cases involving earning capacity claims are complex and, in order to be handled properly, require a great deal of attention and expertise. At Broder & Orland LLC, we have extensive experience handling matters where earning capacity is at issue and have a well-established track record of achieving favorable results for our clients in such matters.