Job loss and unemployment can create immediate financial stress, especially when child support is involved. Many parents assume that if they are unemployed, their child support obligation will automatically decrease. In Washington, that is not necessarily the case. Courts apply specific rules under RCW 26.19.071 when determining income, including whether to “impute” income to a parent who is unemployed or underemployed.
What Is Imputed Income?
Imputing income means the court assigns a parent an income level even if that parent is not actually earning that amount. Under RCW 26.19.071, Washington courts must consider whether a parent is voluntarily unemployed or voluntarily underemployed. If so, the court may calculate child support based on what the parent could be earning rather than their current actual income. This prevents parents from avoiding support obligations by intentionally reducing income.
Voluntary vs. Involuntary Unemployment
A key issue is whether unemployment is voluntary. If a parent loses a job due to layoffs, business closures, or other circumstances beyond their control, the court may treat the unemployment differently than if a parent quits a job without good reason.
When unemployment is involuntary and the parent is actively seeking work, courts are more likely to use actual income (even if temporarily low) rather than imputing higher earnings. Documentation of job searches, unemployment benefits, and efforts to obtain comparable employment can be critical evidence.
When Courts Impute Income
If the court finds a parent is voluntarily unemployed or underemployed, income may be imputed based on factors such as work history, education, training, and earning potential. The court may look at prior wages, occupational qualifications, and available job opportunities in the community.
If there is insufficient information about a parent’s work history or earning capacity, the statute allows the court to impute income based on median income levels for similarly aged individuals in Washington. This can result in a support obligation that is significantly higher than the parent’s current earnings.
How Imputation Affects Child Support Calculations
Child support in Washington is calculated using the statutory child support schedule, which relies heavily on each parent’s income. If income is imputed at a higher level, the resulting support obligation increases accordingly.
For example, a parent earning little to no income may still be ordered to pay support based on prior earnings or imputed median income. Conversely, if the court accepts that unemployment is involuntary and temporary, support may be calculated on current income, potentially lowering the obligation.
The Importance of Evidence
In unemployment and underemployment cases, documentation matters. Pay stubs, termination letters, medical records (if health is a factor), job applications, and employment search logs can all influence whether income is imputed. Court have wide latitude to make determinations under this statute and are looking for good faith efforts and credible explanations.
Unemployment does not automatically eliminate or reduce child support in Washington. Under RCW 26.19.071, courts have authority to impute income when a parent is voluntarily unemployed or underemployed, and that imputation can substantially affect the support calculation. If you are facing unemployment or believe income is being improperly imputed in your case, understanding your legal options is essential.
At Magnuson Lowell, P.S., we help parents navigate complex child support issues, including imputation of income and modification proceedings. We offer free telephone case evaluations (425-800-0582) to discuss your situation and next steps.
