What Is Voluntary Impoverishment?

Voluntary impoverishment matters can be complex and emotionally taxing for families. When one parent intentionally reduces their income or resources, addressing the impact this decision has on child support obligations can feel overwhelming.

At The Bishop Law Group, we understand the challenges and nuances that voluntary impoverishment cases bring. We are here to provide expert guidance and compassionate support, helping you navigate this process and protect your family’s financial stability with care and confidence.

If you are seeking an experienced and compassionate Baltimore family lawyer you can trust, call The Bishop Law Group today to discuss the details of your case. Our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby areas.

Understanding Voluntary Impoverishment

Voluntary impoverishment refers to a situation where a parent intentionally reduces their income or resources to avoid fulfilling financial obligations, such as paying child support. This occurs when the parent chooses not to work or earn to their full potential, despite having the ability and opportunity to do so.

Courts typically determine voluntary impoverishment by evaluating whether the parent made a free and conscious choice to limit their financial resources, rather than being compelled by factors beyond their control, such as illness or unemployment caused by economic conditions.

If a parent is found to be voluntarily impoverished, courts may still calculate child support based on their earning capacity rather than their actual income, ensuring the child’s financial needs are addressed.

For a free legal consultation, call (410) 390-3101

Factors Considered in Determining Voluntary Impoverishment

When determining whether a parent is voluntarily impoverished and assessing their ability to pay child support, courts examine a variety of factors. These factors help establish whether a parent is intentionally avoiding financial obligations or is genuinely unable to meet them due to circumstances beyond their control.

Personal Attributes and Capabilities

Courts evaluate a parent’s individual circumstances, including:

Age: A parent’s age can affect their employability. Younger individuals may be expected to seek employment or training, while older individuals may face limitations due to retirement or age-related restrictions.
Physical and Behavioral Condition: Health conditions, disabilities, or behavioral challenges may impact a parent’s ability to secure or maintain employment. Courts consider whether these conditions are legitimate barriers to earning income.
Education: The level of education a parent has achieved influences the types of jobs available to them. Courts assess whether further education or training could increase their earning potential.
Special Training, Skills, and Certifications: Specific qualifications can make a parent more competitive in the job market. A lack of effort to use or maintain these skills may indicate voluntary impoverishment.
Literacy: Literacy affects employability, as most jobs require basic reading and writing skills. Courts may examine whether literacy improvement programs are accessible to the parent.

Residence and Occupational Qualifications

The court considers:

Residence: A parent’s location can limit or expand employment opportunities. Courts evaluate whether a parent has chosen to live in an area with fewer job opportunities and whether relocation might improve access to employment.
Occupational Qualifications and Job Skills: The skills a parent possesses directly affect their job prospects. If a parent underuses their skills to avoid higher-paying work, it may be deemed a voluntary reduction in income.

Employment and Efforts to Retain Work

A parent’s employment history and actions to secure or maintain work are key factors, including:

Employment and Earnings History: A parent’s past work experience and income levels provide a baseline for evaluating their current employment situation. Courts assess whether they are earning at their potential based on their history.
Record of Efforts to Obtain and Retain Employment: This reflects the parent’s sincerity in attempting to secure or maintain a job. A lack of genuine effort to find work may suggest intentional impoverishment.
Criminal Record and Other Employment Barriers: A criminal record or similar barrier may limit job options. However, courts consider whether the parent has actively sought opportunities despite these challenges.

Local Job Market and Community Opportunities

The economic environment and job availability in the parent’s community are also reviewed:

Status of the Job Market: Local economic conditions are taken into account. A weak job market may explain difficulty in finding work, while a strong job market may raise questions about a lack of employment.
Prevailing Earnings Levels: The typical wages for jobs in the parent’s field provide context for evaluating whether they are earning appropriately for their skills and experience.
Availability of Employers: Courts examine whether suitable employers are present in the community and whether the parent has pursued these opportunities.

Financial Resources

In addition to employment-related factors, the parent’s financial situation is assessed:

Parent’s Assets: Property, savings, and investments are considered alternative sources of income. Courts may evaluate whether the parent could use these resources to meet child support obligations.
Actual Income From All Sources: Total income, including employment, benefits, or other means, helps courts determine whether the parent has sufficient resources to support their child.

Additional Considerations

The court may also take into account:

Any Other Factor: Courts maintain flexibility to consider unique circumstances that may affect the parent’s ability to earn income or provide support. This ensures a fair evaluation of each case.

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Contact a Baltimore Family Law Attorney Today

If you or someone you know needs assistance with a case involving voluntary impoverishment or would like to learn more about how it impacts child support obligations, The Bishop Law Group is here to provide expert guidance every step of the way.

Call or text (410) 390-3101 or complete a Free Case Evaluation form