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Family

Can a parent avoid imputed income by proving they've made reasonable efforts to find work?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, demonstrating genuine, reasonable job search efforts is one of the strongest ways a parent can avoid having income imputed above their actual current earnings, since the underlying question is whether the parent is intentionally earning less than their real capacity, not simply whether they currently earn less than before. Evidence of consistent applications, a search that realistically matches the parent's skills and experience, and a willingness to accept reasonably comparable work, even if not their preferred role, all support the position that any lower income is not a deliberate choice.

What counts as "reasonable" scales with the circumstances: a parent with in-demand skills in a strong local job market faces a higher expectation than one with specialized experience in a genuinely difficult sector or region. Courts are generally skeptical of a job search that is narrowly limited to an unrealistic dream role, inconsistent, or largely undocumented, since that pattern looks more like avoidance than genuine effort. Because this ultimately comes down to evidence, keeping a dated record of applications, interviews, and responses received is the most practical thing a parent in this position can do.

Key takeaways

  • Genuine, documented job search efforts are central to avoiding imputed income above actual earnings.
  • What counts as reasonable scales with the parent's skills and the realistic local job market.
  • Narrow, inconsistent, or undocumented job searches tend to look like avoidance to a court.
  • Keeping a dated record of applications and outcomes is the most useful practical evidence.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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