Can Sacramento Parents Quit Work to Avoid Child Support?
As experienced family law attorneys practicing in Sacramento and Placer Counties, we see this issue frequently: can a parent legally quit their job and avoid paying child support? Pursuant to Family Code §4058(b) courts are not bound by actual income when determining child support. Instead, they may impute income based on a parent’s earning capacity, especially if the court believes the job loss was voluntary or avoidable. Imputation of income means that the court assigns a certain level of income to a parent, even if they aren’t currently earning that amount.
Whether the parent quits voluntarily, is fired, or leaves a job to care for children or relatives, the court may still impute income based on earning capacity. Imputation ensures that a parent’s support obligations are not artificially reduced by voluntary unemployment or underemployment. Judges have the authority to calculate support using a parent’s earning potential rather than what they’re currently earning or not earning at all. But courts also consider the circumstances behind a job change and its impact on children.
How Sacramento and Placer Courts Impute Income After Job Loss?
Our local courts will base child support on a parent’s earning capacity instead of actual earnings if:
- The parent is able and qualified to work at a specific earning level;
- Employment opportunities exist, and childcare is available if the parent is a primary caregiver;
- Imputation would be in the best interest of the child, considering their developmental needs and time with each parent.
This framework comes from cases like Marriage of LaBass & Munsee, Marriage of McHugh, and the 2024 decision Mercado v. Superior Court. These principles apply whether a parent is out of work due to choice or circumstance.
What Happens in Sacramento If a Parent Voluntarily Quits Work?
When a parent voluntarily leaves employment, courts look closely at the motivation. In Marriage of Padilla (1995), a father resigned from his job and claimed no income. The court rejected his claim and imputed income based on his prior earning history.
In Sacramento and Placer County family courts, our judicial officers often view voluntary unemployment with skepticism, especially if it occurs shortly after a child support order is issued. Is this parent trying to lower or dodge support? If the answer appears to be “yes,” income imputation is highly likely.
If the court finds that the parent is qualified and employment is available, it may impute income regardless of the parent’s preferences.
What If the Parent Is Terminated?
Involuntary job loss does not shield a parent from imputation. In Marriage of Eggers (2005), the father lost his job due to misconduct. The court still imputed income because he was responsible for the termination and remained capable of working.
The family law court distinguishes between terminations with cause and without cause. If the firing results from the parent’s own actions, courts may treat it like voluntary unemployment. If the loss was due to layoffs or company restructuring, the court may pause imputation, but only temporarily and only if the parent shows good faith in seeking new employment.
Caregiving For Relatives and Child Support in Sacramento & Placer County Cases?
Sometimes, a parent leaves employment to care for children or elderly relatives. While such decisions may be personally commendable, courts focus on earning ability, not intent. These cases often raise emotional and practical questions, but the law requires the court to focus on earning capacity and the child’s best interests.
In Marriage of Hinman (1997), the noncustodial mother had not worked for four years. She claimed she was unable to reconcile employment with raising her three children from a new marriage. But she had two degrees in computer science, significant work experience, and job placement agencies testified she could find work. The court imputed $3,200 per month in income based on her previous salary, and the appellate court upheld the decision.
The Hinman case shows that choosing to stay home, even for compelling family reasons, does not relieve a parent from child support obligations when they have the ability and opportunity to earn income. Sacramento and Placer County courts follow this reasoning and want to hear evidence before reducing a parent’s financial responsibility based on caregiving claims.
How Do Courts Balance Caregiving and Support Obligations?
While courts understand the demands of caregiving, they must still determine whether actual unemployment is consistent with the child’s best interests, particularly forthe child or children for whom support is being calculated.
Courts may show more flexibility for parents caring for disabled children or when affordable childcare is unavailable. But absent those factors, the presence of other children from a new relationship generally does not justify long-term unemployment if the parent is otherwise employable.
FAQ
If I quit work to care for family, can I avoid paying support?
Not usually. Courts evaluate whether you’re still able and qualified to work. Even family caregiving doesn’t erase the duty to support your children.
What if I lost my job through no fault of my own?
Courts may grant time to find new work but expect evidence of job-seeking efforts. Support orders may still be based on prior earnings if you’re capable of resuming similar work.
Does my parenting time affect whether income is imputed?
Yes. If you’re the primary caregiver, courts consider whether full-time work is realistic given childcare responsibilities. But this alone won’t always prevent imputation.
Is Padilla still used by Sacramento and Placer family courts?
Yes. Marriage of Padilla is routinely cited in cases where a parent quits a job, even when doing so to explore self-employment or a higher degree, particularly when the decision is made shortly after a child support order was just made. However, expect that your local Placer and Sacramento family law judges will require proof of employability and job opportunity.
Conclusion
California courts expect parents to provide support to their children, even if they are unemployed or caring for other family members. Sacramento and Placer County courts consistently apply principles of income imputation to ensure children don’t suffer due to one parent’s employment choices. Whether a parent quits, is terminated, or leaves a job for caregiving reasons, the court may still impute income if the parent can work and opportunities exist.
Whether you’ve been laid off, fired, or chose to stay home with family, your earning potential matters to the family court. If you’re navigating this complex area, working with an experienced, local family law attorney can make all the difference.
Schedule a Consultation with Hughes Law Group
Serving clients exclusively in Sacramento and Placer Counties, Hughes Law Group offers focused, local expertise in California child support law. Whether you’re addressing support after job loss or a change in income, Hughes Law Group can help. Schedule a consultation today with an experienced child support attorney and get the local insight your case deserves.
