In family law cases, determining child support payments is often a contentious issue. If one parent is voluntarily underemployed or unemployed, the other parent may have to pay more in child support payments. Proving voluntary underemployment can be challenging, but with the right evidence, it is possible. In this article, we will discuss the types of evidence you can use to prove that the other party is voluntarily underemployed.
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Employment History
The first type of evidence that can help prove voluntary underemployment is employment history. This includes past job positions, salaries, and reasons for leaving previous jobs. If the other party has a history of changing jobs frequently or leaving jobs voluntarily, it can be an indicator of underemployment. It is essential to obtain copies of the other party’s resume, employment applications, and references to establish a pattern of behavior.
Financial Records
Financial records such as bank statements, tax returns, and pay stubs can be valuable evidence in proving underemployment. If the other party is not reporting all of their income, this can be a sign of voluntary underemployment. It is essential to review these records carefully to determine if there are any discrepancies or unreported income.
Social Media and Online Activity
Social media and online activity can also be used to prove voluntary underemployment. If the other party is posting about their hobbies, side businesses, or other sources of income, it can indicate that they are not fully utilizing their earning capacity. Additionally, if the other party is actively seeking employment, it can be an indicator that they are not voluntarily underemployed.
Witness Testimony
Witness testimony can be an effective tool in proving voluntary underemployment. Witnesses can include former coworkers, supervisors, or friends who can provide information about the other party’s work habits, reasons for leaving previous jobs, or other relevant information. Witness testimony can be obtained through a deposition or in court testimony.
Vocational Expert Opinion
Finally, a vocational expert can be hired to provide an opinion on the other party’s earning capacity. A vocational expert can evaluate the other party’s education, work experience, and job market conditions to determine what their earning capacity should be. This opinion can be valuable evidence in proving voluntary underemployment.
Recalculating child support after you make your case
Proving voluntary underemployment can be challenging, but with the right evidence, it is possible. Employment history, financial records, social media and online activity, witness testimony, and vocational expert opinions can all be used to demonstrate that the other party is voluntarily underemployed. If successful, the court will impute the other party’s earning capacity for child support purposes, ensuring that child support payments are fair and reasonable. If you need assistance with your family law case, contact a knowledgeable family law attorney for guidance.
