Underemployment


#1

Could it be classified as underemployment if an ex-spouse has college degrees and current licenses in both teaching and nursing, but chooses to work only 2 days a week part-time as a nurse? Ex-spouse has now requested modification of child support obligation based on current income.


#2

If the court determines that a party is underemployed in a bad faith effort to reduce a support obligation (or be awarded more support) the court may impute income to that person commensurate with their actual earning ability.