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.”
The Guideline 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 its order." The Guideline also says that "The Court shall consider all relevant factors including without limitation the education, training, health and past employment history of the party, and the age, number, needs and care of the children covered by this order."
Produced by Massachusetts Law Reform Institute Last updated August 26, 2009
