Under Washington family law, when may a court
impute income to a parent? Here’s my point of view (NOTE: please read our
DISCLAIMER before proceeding).
VOLUNTARILY UNEMPLOYED / UNDEREMPLOYED
In the absence of records of a parent’s actual earnings, the court shall impute a parent’s income in the following order of priority:
(a) Full-time earnings at the current rate of pay;
(b) Full-time earnings at the historical rate of pay based on reliable information, such as employment security department data;
(c) Full-time earnings at a past rate of pay where information is incomplete or sporadic;
(d) Full-time earnings at a minimum wage in the jurisdiction where the parent resides if the parent has a recent history of minimum wage earnings, is recently coming off public assistance, aged, blind, or disabled assistance benefits, pregnant women assistance benefits, essential needs and housing support, supplemental security income, or disability, has recently been released from incarceration, or is a high school student;
(e) Median net monthly income of year-round full-time workers as derived from the United States bureau of census, current population reports, or such replacement as published by the bureau of census.
Id.
THE EXCEPTIONS
However, there are exceptions. Generally, a court will not
impute income to a parent who is gainfully employed on a full-time basis, unless the court finds that the parent is
voluntarily underemployed and finds that the parent is purposely
underemployed to reduce the parent’s child support obligation.
Id. In addition, income is generally not
imputed for an unemployable parent.
Id.
Lastly, income is usually not imputed to a parent to the extent the parent is unemployed or significantly
underemployed due to the parent’s efforts to comply with court-ordered reunification efforts under Chapter
13.34 RCW or under a voluntary placement agreement with an agency supervising the child.
Id.
Learn More
If you would like to learn more, then consider contacting an experienced
Washington State Family Law Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with either this author or
Williams Law Group, PS; please see our
DISCLAIMER.
–gw