In re Marriage of Pollard - 99 Wash. App. 48, 991 P.2d 1201 (2000)

Rule:

Voluntary unemployment or underemployment will not allow a parent to avoid his or her financial obligation to the children who are the subjects of the support order. When assessing the income and resources of each household, the court must impute income to a parent when that parent is voluntarily unemployed or voluntarily underemployed.

Facts:

Joan Pollard and Martin Pollard divorced in October 1989. The support order entered at that time provided that Joan would pay Martin, as custodial parent, $ 217 per month for the couple's two children. In January 1997, Joan, having remarried, petitioned for the modification of the child support order, claiming change in income. After remarriage, Joan left military service and now worked part time for the military while working full time as a mother and homemaker. The trial court granted Joan’s petition for modification of child support order. On appeal, Martin argued that the trial court erred in failing to impute income to Joan, who has quit working full time to care for the two children of her new marriage.

Issue:

Did the trial court err in failing to impute income to Joan, who has voluntarily quit working full time to care for the two children of her new marriage?

Answer:

Yes.

Conclusion:

The court reversed and remanded for recalculation of child support, holding that the trial court abused its discretion, because Joan was voluntarily underemployed, having chosen to be a homemaker and the trial court failed to impute income to Joan. The court held that a parent may not avoid a child support obligation by voluntarily remaining unemployed or underemployed.