6.5.2 When Not Applicable

The projection of an income for a voluntarily underemployed or unemployed individual is not applicable if:

• The party is unemployable.1
• The party is incapable of employment.2
• The unemployment exists without fault or neglect of the party.3
• The party is physically or mentally incapacitated.4
• The party is actually caring for a child of the parties under the age of 5.5

Note that the child must be a “child of the parties.” Other children do not exempt a parent from being considered voluntarily underemployed or unemployed.

• 1La. R.S. 9:315(C)(5)(b).
• 2Id.
• 3Id.
• 4La. R.S. 9:315.11(A)(1).
• 5Id.