When Your Income Is Questioned, Your Family’s Future Is on the Line
In Muskogee child support cases, courts sometimes need to decide what a parent’s income really is—especially when that parent is not working full-time or is earning less than expected. This is where the idea of imputed income comes in. Imputed income means the court assigns a certain income amount to a parent, even if that parent is not currently earning that much. The goal is to ensure children receive fair financial support, regardless of whether a parent is intentionally underworking or has a legitimate reason for reduced earnings.
For example, if a parent chooses to work fewer hours or takes a lower-paying job to avoid paying higher child support, the court can impute income based on the parent’s past earnings, education, skills, or what they could reasonably earn. This prevents parents from avoiding their responsibilities by voluntarily reducing their income.
If you are facing questions about your income in a child support case, speaking with a family law attorney can help you understand how the court evaluates your situation and what evidence you might need to present.
You’re Not Alone —And You Have Options
Many parents worry about how the court will calculate income if they have experienced job loss, injury, or other challenges. Oklahoma law recognizes that if a parent is permanently physically or mentally handicapped, the court must use actual income instead of assigning a minimum wage income. However, a serious injury that limits work but is not permanent may still lead the court to impute income based on what the parent could earn. For instance, if a parent’s injury allows only minimal work, the court may still assign income at a minimum wage level. Okla. Stat. tit. 43 § § 118(B)(C)(2).
Incarceration is another circumstance where the court may impute income rather than consider the parent incapacitated. The Oklahoma Supreme Court has ruled that incarceration alone does not excuse a parent’s child support obligations, and minimum wage income can be imputed in such cases. Okla. Stat. tit. 43 § § 118(B)(C); Baggett.
Because these issues can be complex and emotionally charged, consulting a Muskogee attorney is a critical step to protect your rights and provide clarity during the process.
How Courts Decide What Income to Impute
Oklahoma law gives courts several methods to determine gross income for child support purposes. Courts may consider:
- Actual current monthly income, including overtime or bonuses as appropriate
- The average monthly income over the past three years
- Minimum wage income for a 40-hour work week if the parent is voluntarily unemployed or underemployed
These options allow flexibility to find the most fair and equitable approach based on each parent's circumstances. Okla. Stat. tit. 43 § § 118(B)(C).
When a parent is underemployed or unemployed by choice—such as pursuing a degree unnecessarily or refusing available work—the court may impute income based on what the parent could reasonably earn. The court looks at factors like past employment, education, training, lifestyle, and care responsibilities to decide an equitable income figure. Okla. Stat. tit. 43 § § 118(B)(D).
The Importance of Good Faith in Income Changes
Courts also examine whether a reduction in income was made in good or bad faith. In a recent Oklahoma Supreme Court decision, the court clarified that if a parent voluntarily reduces income to avoid child support obligations, the court can impute income at the previous or potential earning level. However, if the reduction is not intended to evade support—such as a genuine job loss or career change—the court may modify child support accordingly. This means parents are protected when changes in income happen for legitimate reasons, but cannot dodge their responsibilities by acting in bad faith. Garcia v. Garcia. Okla. Stat. tit. 43 § § 118(B)(D).
For anyone dealing with income disputes in child support, understanding how courts view voluntary underemployment and imputation is crucial. Legal advice from experienced counsel helps navigate these issues and present your case effectively.
Contact a Muskogee Child Support Lawyer Today
If you are facing questions about your income or child support obligations, you don’t have to face this challenge alone. Wirth Law Office – Muskogee offers knowledgeable and compassionate representation to help you understand your rights and options under Oklahoma law. If you need legal help, call Wirth Law Office – Muskogee at (918) 913-0725 for guidance tailored to your unique situation.
