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Earning History
Recent pay records and what the parent was making before the drop. The starting point for most arguments.
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Child Support / Imputed Income
Imputed Income · Virginia
When a parent hides from income, the court can find it.
Quitting a job or taking a pay cut to dodge support does not work the way some parents hope. Virginia can calculate support on what a parent should be earning, not just what their paycheck says today.
First call is a conversation, not a commitment.
The Short Answer
Imputed income is income a court assigns to a parent who is voluntarily unemployed or under-employed without good reason. Instead of using the parent's actual paycheck, the court bases support on what that parent could and should be earning, looking at their work history, education, and the local job market. It does not apply to genuine job loss or legitimate career changes.
How It Works
Earning capacity, not just the paystub.
Child support is built on income, so a parent who lowers their income can lower their support. Virginia has a tool for the parent who does that on purpose. Imputed income lets a court look past a suspiciously low paycheck and calculate support on what the parent is genuinely capable of earning.
When a court considers it
A court can impute income when it finds a parent is voluntarily unemployed or under-employed without good cause. The key word is voluntarily. This is aimed at the parent who quits a good job, turns down work, or takes a deliberate pay cut around the time support is being set or revisited. It is not aimed at someone who genuinely lost a job or made a legitimate change.
What the court looks at
Before assigning a number, a judge weighs real-world factors: the parent's recent earning history and pay records, their education, certifications, and experience, their actual efforts to find or keep work, and what comparable jobs pay in the local area. The imputed figure has to be grounded in what this parent could realistically earn, not a number pulled from the air.
What it changes
If income is imputed, support is calculated on the imputed figure rather than the real paycheck. For the parent who tried to lower their numbers, that can mean a significantly higher obligation. For the other parent, it means the support reflects reality rather than a strategic underestimate.
Both sides of the argument
We work this issue from either direction. If the other parent is hiding from income, we build the case that they are voluntarily under-employed and what they should be earning. If you are being accused of it after a real job loss or a legitimate change, we show the court the truth, because not every income drop is voluntary.
Applies whenA parent is voluntarily unemployed or under-employed without good cause.
Does not applyGenuine job loss or a legitimate, good-faith career change.
Court weighsEarning history, education, job-search efforts, and local pay.
EffectSupport is calculated on the imputed figure, not the actual paycheck.
SourceVirginia Code § 20-108.1.
Voluntary Is The Key Word
Imputed income targets the parent who lowers their income on purpose. A real job loss or a legitimate career change is not voluntary under-employment, and the court can be shown the difference.
Source: Virginia Code § 20-108.1
Alisa Chunephisal, Esq.Family Law Attorney
Attorney Insight
A few honest things about imputed income.
"You cannot quit your way out of child support. The court can set support on what you should earn, not what you chose to."
Some parents think the way to lower support is to lower their income. Courts have seen it many times, and imputed income is the answer. We build the case when the other parent is hiding from work, using their history and the local market. And when a parent is wrongly accused after a real job loss, we show the court the loss was genuine, because the law only reaches voluntary choices.
Questions Parents Ask
Plain answers about imputed income.
These are the questions parents ask most about earning capacity and support. If yours is not here, we will work through it with you.
Have a specific question?
Call 571.260.0999 or send us a message.
What is imputed income in Virginia child support?
Imputed income is income a court assigns to a parent it finds is voluntarily unemployed or under-employed without good cause. Instead of using the actual paycheck, the court bases support on what the parent could and should be earning.
It looks at earning history, education, job-search efforts, and the local job market.
When can a court impute income?
A court can impute income when it finds a parent is voluntarily unemployed or under-employed without good reason. It is aimed at a parent who quits a good job, turns down work, or takes a deliberate pay cut. It does not apply to a genuine job loss or a legitimate, good-faith career change.
What does the court look at?
The judge weighs the parent's recent earning history and pay records, their education, certifications, and experience, their actual efforts to find or keep work, and what comparable jobs pay in the local area. Real limitations like a disability or caregiving duties are also considered.
Can imputed income be used against me unfairly?
It can be argued against you, but you can respond. If your income dropped because of a genuine layoff, a health condition, or a legitimate career change, you can show the court the drop was not voluntary. The law only reaches parents who lower their income without good cause.
When You Are Ready
Income does not add up? Let us look.
Whether the other parent is hiding from work or you are being wrongly accused, tell us the facts. We will tell you where you stand. Three offices across Northern Virginia, one phone number.