EARNING CAPACITY

Pursuant to Pa. R.C.P. 1910.16-2(d)(4), if a party to a support action has willfully failed to obtain or maintain appropriate employment, an income equal to the party’s earning capacity can be imputed to the party.  The relevant factors that are considered by the court in determining earning capacity include: age, education, training, health, work experience, earnings history, and child care responsibilities.  The trier of fact must state the reasons for the earning capacity assessment in writing or on the record, and should not impute an earning capacity greater than the amount the party would earn from one full-time employment position.  A party seeking to avoid the imputation of an earning capacity should be prepared to show that he/she has taken substantial good faith efforts to secure employment and any reduction in income was for a legitimate reason, not to decrease or avoid a support obligation.  A vocational expert may be hired to analyze a party’s ability to earn a living and to opine as to a party’s reasonable earning capacity.

​

Other Topics Of Interest:

Child Support Laws

Support Earning Capacity

Support Mortgage Payment

Support Unreimbursed Medical