If you are earning less than you could, the court might calculate a child support order based on what you could be earning. One of the Child Support Guidelines says that under certain circumstances the court will consider what you could be earning instead of what you are actually earning when it makes a child support order. The Guideline is called “Attribution of Income.” It says that “If the court makes a determination that either or both parties is earning substantially less than he or she could through reasonable effort, the court may consider potential earning capacity rather than actual earnings. In making this determination, the court shall take into consideration the education, training, and past employment history of the party. These standards are intended to be applied where a finding has been made that the party is capable of working and is unemployed, working part-time or is working a job, trade, or profession other than that for which he/she has been trained.”
The attribution of income guideline does not apply to a custodial parent with children who are under the age of six living in the home.