If the court decides that a person is either purposely unemployed or underemployed, the judge can order that person to pay child support based on his or her potential earning capacity rather than actual earnings.
The child support guidelines say that the court may consider potential earning capacity if it decides that either parent is earning substantially less than he or she could through reasonable effort. When determining potential earning capacity the court takes education, training, and employment history into consideration. The court considers potential earning capacity when it decides that the parent is capable of working and is unemployed, working part-time or is working a job, trade, or profession other than the one for which he or she was trained.
While these rules apply both to parents who have children living with them and parents who do not, they do not apply to custodial parents with children under six living in their homes.
Unemployment compensation, disability benefits, and worker's compensation all count as income.