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Imputed income in Minnesota child support refers to income a court assigns to a parent who is not earning what that parent reasonably could. The statute calls it “potential income,” and it governs cases in which a parent is voluntarily unemployed, underemployed, or working less than full time. The rules appear in Minn. Stat. § 518A.32. This page explains when income is imputed, how the amount is set, and the exceptions that protect parents with legitimate reasons for earning less. It is part of the site’s guide to child support in Minnesota.
Why Courts Impute Income
Minnesota child support is based on both parents’ gross incomes. If a parent could avoid support simply by leaving a job, the guidelines would not work. For this reason, the law looks at earning capacity, not only at current paychecks. The general calculation is described on the site’s Minnesota Child Support page.
When Potential Income Applies
Support must be calculated on potential income in either of two situations (§ 518A.32, subd. 1):
- the parent is voluntarily unemployed, underemployed, or working less than full time; or
- there is no direct evidence of the parent’s income.
The law also presumes that each parent can work full time. “Full time” generally means 40 hours a week. However, a different standard applies in a trade or profession where most employers use a longer or shorter work week. The presumption is rebuttable, so a parent may offer evidence that full-time work is not realistic.
The rule reaches beyond divorce. It applies to support orders under chapters 256, 257, 518, 518A, 518B, and 518C, including orders for past support and for reimbursement of public assistance.
Three Ways to Set the Amount
Once a court decides that potential income applies, it must use one of three methods (§ 518A.32, subd. 2):
- Probable earnings. The court estimates what the parent could earn, based on employment potential, recent work history, and qualifications. It also considers the jobs and wage levels available in the community.
- Benefits received. When a parent receives unemployment or workers’ compensation, the court may use the actual benefit amount.
- Minimum-wage floor. The court may use what the parent could earn working 30 hours a week at the higher of the federal or state minimum wage.
The first method usually requires the most evidence. Useful proof often includes past tax returns, résumés, job postings, and wage surveys for the parent’s field. The divorce documents checklist lists many of these records.
Exceptions to Imputation
A parent is not treated as voluntarily unemployed or underemployed after showing any of the following (§ 518A.32, subd. 3):
- the reduced income is temporary and will ultimately lead to higher earnings, such as a training program;
- the change is a bona fide career change whose benefits outweigh the effect of lower income on the child;
- the parent is physically or mentally incapacitated, or incarcerated; or
- a government agency has found the parent eligible for general assistance or Supplemental Security Income.
Even when an exception applies, the court may still consider the income the parent actually earns.
Public Assistance Recipients
No potential income may be imputed to a parent who receives a TANF cash grant or comparable Minnesota Family Investment Program benefits (§ 518A.32, subd. 4).
Self-Employed Parents
A self-employed parent whose net income has fallen is not considered underemployed if the drop results from economic conditions directly tied to the source of that income (§ 518A.32, subd. 6). For example, a contractor in a regional construction slowdown may rely on this rule.
Stay-at-Home Parents
A parent who stays home to care for the child in the case receives special consideration. Before deciding whether that parent is voluntarily unemployed, the court may weigh several factors (§ 518A.32, subd. 5):
- the parents’ child care arrangements before the case began;
- the stay-at-home parent’s work history, recent earnings, and available jobs;
- whether child care and transportation costs would consume the likely wages;
- the child’s age and health, including any disability; and
- the availability of child care providers.
This rule does not apply when the parent stays home only to care for children who are not part of the support case.
Imputed Income in Modification Cases
Imputation often arises when a parent asks to lower support after a job loss. A court will ask whether the loss was voluntary and whether the parent is making reasonable efforts to find comparable work. A voluntary reduction in income generally does not justify a lower obligation. The site’s page on modifying child support explains the standards under Minn. Stat. § 518A.39.
Practical Considerations
- Document job searches. A parent who is out of work should keep a dated log of applications and interviews.
- Explain career changes in writing. A parent returning to school should show how the program will increase income.
- Gather medical evidence. A claim of incapacity usually requires records from treating providers.
- Request findings. The court should explain which method it used and why. Clear findings matter if a party later considers an appeal.
Courts may also consider earning capacity when deciding spousal maintenance under Minn. Stat. § 518.552. That analysis follows its own statute, however, and § 518A.32 itself is limited to child support.
Minn. Stat. § 518A.32
Requires child support to be based on potential income when a parent is voluntarily unemployed or underemployed, sets three methods for the amount, and lists exceptions.
Questions about child support?
Majeski Law can review a guideline calculation under chapter 518A, or whether a change in circumstances may support a modification.
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