What happens if my spouse quits his job to avoid paying support?

 The court can consider not only the income that the paying parent actually receives, but the earning capacity of each parent as well in determining the amount of child support owed. If a parent is voluntarily unemployed or underemployed, the court has the power to impute income to that parent to calculate the child support owed. Voluntary underemployment could occur when a parent chooses to earn less income than they were previously earning or could earn. Voluntary unemployment could occur when a parent chooses not to pursue employment when they are able to work. -- By Heather Wheelock Winter, Associate at Hall & Hall