In Tennessee child support and divorce law, voluntary underemployment or unemployment has always been a hot topic. The incorporation of the income shares child support rules did not change Tennessee law. They simply summarized what had been the law. Continue reading
Factors for determining voluntary unemployment or underemployment in Tennessee child support divorce law are intuitive. None are confusing. The law did not change with the adoption of the income shares model. Many cases are not close calls. Punching a boss in the face will cause anyone to lose a job. That is an intentional act. On the other hand, many people get laid off due to corporate downsizing. That is not the fault of the parent.
But, what if a parent is suffering from clinical depression? What if a parent is laid off, but had a long history of disciplinary issues? What makes this challenging is the proof needed. The story an unemployed parent may tell will almost always be questionable. The only other objective witness may be the former employer. A lawyer may need to issue a subpoena to determine what the personnel file discloses. Continue reading