Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Calculating child support when a parent voluntarily quits a job

It is fairly common for parents in New York to not be together. This could be because they are divorced or because they were never married and ended their relationship. However, just because the relationship between the parents ended it does not mean that the parents' relationship with their children ends. They will always be their children's parents no matter how much they may not like the other parent. Being a parent includes providing love, affection and guidance and providing for the children's financial needs.

Parents may be reluctant to do this though, especially if they do not see their children as often as they would like or simply are upset with the other parent. However, it is important that both parents are contributing to the children's needs and therefore in most cases one parent will be ordered to pay child support to the other parent. There is a basic formula to determine how much a parent will be required to pay, but there are two main factors - the parents' income and how many children they have together.

This may be easy to determine when a parent is working a steady job, but some parents may decide to quit a good job simply to try to avoid paying a higher amount of child support. This does not mean that these parents will accomplish their goal. The court can impute income to the parent for the purposes of calculating child support. To determine the amount to impute to the parent, the court will look at past income, work history, education level and other factors.

Many parents in New York are required to pay child support. Not all of these parents are happy about paying these child support obligations. Some will try to minimize the amount they have to pay though by quitting a higher paying job and taking a lower paying one when child support is being calculated. The court can still impute income to ensure that parents cannot circumvent the child support laws.

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