Voluntary Underemployment and Child Support in Tennessee

You cannot quit your job to lower your child support. You cannot take a pay cut. You cannot decide to follow your passion at $30,000 a year when you have been earning $150,000. Tennessee courts see through this, and they have a legal doctrine that addresses it directly.

What Is Voluntary Underemployment?

Voluntary underemployment occurs when a parent intentionally earns less than they are capable of earning. Tennessee child support guidelines address this directly: if a court finds that a parent is willfully and voluntarily unemployed or underemployed, it may impute income to that parent, meaning the support calculation is based on what they are capable of earning, not what they actually earn.

This applies in both directions. A parent seeking to reduce their support obligation cannot manufacture a low income. A parent seeking to increase their support award may be able to impute income to the other parent if there is evidence of deliberate underearning.

How Courts Determine Imputed Income

Courts look at the parent’s prior employment history, their education and training, the prevailing wage for jobs they are qualified to perform, and whether they made a good-faith effort to find appropriate employment. A parent who voluntarily left a high-paying job, turned down opportunities in their field, or took an unexplained sabbatical during the divorce proceedings faces scrutiny.

Legitimate Reasons for Lower Income

Not every income reduction is voluntary. Job loss, illness, disability, and market downturns are legitimate reasons for reduced income. So is a parent’s decision to stay home with young children, though that decision, if made after separation and timed to affect support, will be examined carefully. The key question is whether the reduction was made in good faith or as a strategy to reduce support.

The Rocking Chair Illustration

I have used this example in consultations for years because it captures the principle clearly. A physician earning $500,000 annually decided to leave medicine and build furniture in his garage, ostensibly for love of the craft. He made $30,000 that year. The court was not impressed. His child support stayed at the level based on his earning potential as a physician. Courts support your right to follow your dreams, just not at your children’s expense. For more on child support calculations, see our Memphis Child Support Lawyer page.

William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.