When a parent intentionally reduces their income to avoid paying child support, courts call it voluntary impoverishment. It’s a legal term with profound implications, especially in Maryland. The courts take the financial support of children seriously and have systems in place to prevent parents from avoiding their obligations through dishonest means.
Whether it happens during or after a divorce, voluntary impoverishment can affect both the parent who relies on the support and the child whose well-being depends on it.
This article illustrates a concrete way to move forward.
What Is Voluntary Impoverishment?
Voluntary impoverishment occurs when someone purposely earns less than they’re capable of earning. This might involve quitting a job, refusing to seek employment, working below their skill level, or turning down income-generating opportunities. The goal is often to reduce their child support obligation or avoid it altogether.
Maryland courts define voluntary impoverishment as the intentional act of making oneself poor to avoid financial responsibilities to a child. This definition is grounded in case law, including Goldberger v. Goldberger, 96 Md. App. 313 (1993), which outlines how courts evaluate whether someone is willfully earning less than they reasonably could.
How Maryland Courts Determine It
To decide if a parent is voluntarily impoverished, courts in Maryland typically examine the person’s age, health, work history, qualifications, education level, job search efforts, and overall financial situation.
Judges are not required to find direct proof of intent; instead, they look at patterns and practical realities. If the evidence shows the parent is capable of earning more but has chosen not to, the court may step in.
For example: If a judge finds that voluntary impoverishment has occurred, the court can impute income, meaning it will treat the parent as if they are earning what they reasonably could earn and calculate child support based on that number.
Why Parents Might Try to Avoid Child Support
There are many reasons why a parent might attempt to lower or eliminate their support payments. These can include resentment toward the other parent, financial stress from a divorce, or a belief that they shouldn’t have to contribute at the level the court requires.
For example, someone might quit a job shortly after being ordered to pay support, take a part-time position despite having full-time availability, or decline job opportunities that match their experience.
In other cases, they might accept cash jobs that are difficult to trace or underreport their income to appear financially strained. While someone might argue these are personal or lifestyle choices, Maryland law puts the child’s best interests first.
Legal Consequences of Voluntary Impoverishment
A parent who engages in voluntary impoverishment may face several legal consequences in Maryland. The court may calculate child support based on potential income, not actual income.
If they continue to avoid payment, consequences may include wage withholding, seizure of tax refunds, asset garnishment, suspension of driver’s or professional licenses, and even contempt of court proceedings. In severe or repeated cases, a judge may consider jail time.
Maryland takes child support enforcement seriously and expects parents to contribute to the financial well-being of their child.
Maryland Child Support Guidelines
Maryland’s Child Support Guidelines, outlined in Maryland Family Law § 12-204, help determine how much support a parent should pay based on income, custody arrangement, and other factors. When income is imputed, the court uses the amount the parent could be earning rather than what they currently report.
The goal is to make sure that children receive consistent and fair financial support, even when one parent tries to lower their obligation artificially. The Maryland Department of Human Services also offers child support services for both custodial and non-custodial parents, including enforcement and modification tools.
Proving Voluntary Impoverishment
When a parent suspects the other is intentionally avoiding payment, proving voluntary impoverishment requires evidence. Courts rely on documents, testimony, and patterns of behavior to make their determination.
Here are a few examples of what can support a claim:
- A strong work history with no valid medical or other reason for recent unemployment
- Available job openings that match the parent’s experience and qualifications
- A noticeable reduction in income without justification
- Evidence of access to unreported income, such as spending that doesn’t match claimed earnings
Meeting the burden of proof can be particularly difficult without legal assistance, especially if the parent involved is earning income informally or is uncooperative during the proceedings.
The Role of Legal Counsel
Cases involving voluntary impoverishment are rarely straightforward. Whether you are the parent owed support or the one being accused, working with an experienced Maryland family law attorney can make a significant difference.
An attorney can help gather necessary records, analyze employment history, and present a compelling case to the court. They can also respond to income imputation arguments, request support modifications when circumstances have genuinely changed, and protect your rights throughout the process.
Partner with Milstein Siegel to Navigate Voluntary Impoverishment Proceedings
If you’re dealing with a child support dispute involving voluntary impoverishment, Milstein Siegel can help. Our experienced attorneys represent clients across Maryland with professionalism and dedication. We work to protect your child’s right to fair support while helping you navigate the legal process clearly and confidently.
Call (443) 230-4674 or contact us online to schedule a private consultation.