What test does a court use to decide whether a support-paying parent is deliberately underemployed?

Under the Federal Child Support Guidelines, a court can impute income to a parent it finds is intentionally underemployed or unemployed, meaning their actual earnings are lower than what they are reasonably capable of earning. The test looks at the parent's education, work experience, age, health, and the job market realistically available to them, then asks whether their current earning level reflects a genuine choice to earn less than their capacity allows, rather than circumstances truly beyond their control.

Reasonable childcare needs, a genuine disability, or a bona fide job search after a layoff are the kinds of circumstances courts will weigh in the parent's favour before concluding underemployment was intentional. On the other hand, a parent who quits a stable job for a lower-paying one without a good explanation, or who simply stops looking for work, is a common pattern that leads courts to impute income at the higher, historically-earned level. Because this is a fact-driven exercise rather than a fixed formula, evidence about the local job market, the parent's own job search efforts, and their work history all matter. A parent facing this argument, on either side, should gather documentation of income history and job search efforts early.