By Alexander T. Lewis of Duff & Kronfeld, P.C. posted in Family Law on Wednesday, November 21, 2018.
We often speak with clients that claim that the other party has quit their job just so they would receive more money in child support. In Virginia if a party that would be receiving support has voluntarily quit their job, the court often has the authority to “impute” the income they would have received from that job when calculating child support. However, it is not always the case that the court will exercise that authority.
In its recent decision, the Virginia Court of Appeals in Illetschko v. Illetschko affirmed the trial court’s decision not to impute income to the mother when she voluntarily quit her second job. In that case, the father had filed a motion to decrease his child support obligation based on the mother’s alleged pay raise and taking a second job. However, at the time of the hearing on father’s motion, mother had quit her second job. Mother even admitted that part of her justification for quitting her second job was to increase her child support from the father. Even with this evidence, the Court of Appeals agreed that mother had other valid reasons for quitting her second job, including issues with the leave policy and child care concerns. Ultimately, the Court of Appeals agreed that the trial court was justified in not imputing the income from this second job to the mother based on these additional factors and denied father’s motion to decrease his child support obligation.
If you have any questions or would like to discuss your legal matter with an attorney, please contact Duff & Kronfeld, P.C. at (703) 591-7475 for a complementary, 30-minute consultation.