How is earning capacity assessed when imputing income to a parent who claims they can't find work?

When a parent claims they cannot find work, a court assessing whether to impute income looks at their education, past work history, age, health, and skills, then compares that profile against realistic job opportunities in their actual local market, rather than a theoretical best-case scenario. The parent's own job search efforts are central evidence: how many applications were made, what kinds of positions were sought, whether the search matched their actual skills and experience, and whether they were willing to accept work at a lower level than their previous position while continuing to look for something better.

A parent who can show a genuine, sustained, and reasonably broad job search, without success, in a market that is objectively difficult for their skill set, is in a much stronger position than one who made only token efforts or limited the search unreasonably narrowly. Courts can also consider independent evidence like local employment statistics or expert evidence on job availability in more contested cases. Because the burden of showing genuine effort typically falls on the parent claiming they cannot find suitable work, keeping records of applications and job search activity is important practical advice.