In a child support establishment or modification case, the parents’ incomes are a significant factor in determining the child support amount. If both parents are earning all they reasonably can, the child support will usually be based on the parents’ actual, current incomes. Likewise, when a child support obligor (payor) has his income legitimately reduced by a job loss, employer-imposed pay cut, or other factors out of his control, this reduction in income will usually form a basis to reduce child support as well.
It is not uncommon in child support cases, however, for the parent who expects to have to pay child support to intentionally hold down his income to minimize his child support obligation. If the court finds that a parent is voluntarily working below his capacity, the court has discretion to attribute income up to the parent’s full earning capacity. Arizona Child Support Guidelines Sec. 5.E.
In determining whether to attribute income to a parent who has voluntarily reduced his income, the court must balance the parent’s decision and the benefits the parent will derive therefrom against the impact of the reduced child support on the children. In one case, the court found that a child support obligor/father who decided to go to law school was not entitled to a reduction in his child support obligation based on the voluntary reduction in his income caused by quitting his job to go to law school. Little v. Little, 193 Ariz. 518, 975 P.2d 108 (Ariz. 1999).
Once the court decides to attribute income, the court will usually consider all relevant evidence presented at trial in making this determination. This evidence may include the parent’s earnings history, education, work experience, and even possibly a vocational evaluation performed by an expert.
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