6.5.1 When Applicable

A party cannot avoid child support obligations through voluntary unemployment or underemployment. If a party has made only “token” job hunting efforts with few results, has applied only for work within a preferred field, and has not considered or pursued other career options, the courts are inclined to base the party’s income not on the lower amount of current earnings, but rather upon the party’s earning potential.1

Analysis of voluntary unemployment or underemployment is generally a question of good faith. Good faith is a factual issue to be determined by the court. A parent whose change in circumstances is due to voluntary termination of employment may obtain reduction in child support payments by showing all of the following:

1. A change in circumstances occurred.
2. The voluntary change in circumstances is reasonable and justified.
3. The parent is in good faith and not attempting to avoid the child support obligation.
4. The change in employment will not deprive the child of continued reasonable financial support.2

In virtually every case in which a parent’s voluntary unemployment or underemployment is found to be in good faith, our courts have recognized extenuating circumstances beyond the parent’s control that influenced and necessitated the voluntary change of employment. Courts have generally allowed a reduction in child support where parents were returning to school with hopes of increasing their salary or leaving employment (and seeking other employment) due to a business’ financial difficulty or a strained working relationship or to start a new business. In almost every case, our courts noted that the unemployment or underemployment was a short-term sacrifice that could lead to a long-term benefit.

• 1Gould v. Gould, 28,996 (La. App. 2 Cir. 1/24/97), 687 So. 2d 685; see also Glover v. Glover, 28,493 (La. App. 2 Cir. 6/26/96), 677 So. 2d 659.
• 2La. R.S. 9:315.1(A).