California courts may consider a parent’s earning capacity when calculating child support and, in an appropriate case, may order a parent to make reasonable efforts to seek employment. The purpose is to protect the child’s interests, not to punish an unemployed parent.

Both Ability and Opportunity to Work Matter

A parent’s former salary does not automatically establish current earning capacity. The evidence should address whether the parent has the ability to perform suitable work and whether employment opportunities actually exist.

Relevant considerations may include education, occupational skills, employment history, health, childcare responsibilities, licensing requirements, local job availability, and recent job-search efforts.

A parent seeking to have income imputed to the other parent generally bears the initial burden of presenting evidence of ability and opportunity to earn.

A Work-Search Order Is Different From Imputed Income

The court may require reasonable job-search efforts without immediately assigning a specific level of income. A work-search order can produce information about applications, interviews, available positions, and realistic earning potential.

Imputing income goes further by calculating support as though the parent earned an amount the court finds reasonably available. That amount must have a factual foundation rather than being based on speculation or an outdated high salary.

The Child’s Best Interests Remain Central

Earning capacity should be considered consistently with the child’s best interests. The court may examine whether requiring employment would interfere with the care of a young child or a child with significant needs.

The court also should not require an extraordinary work regimen. A parent’s support obligation should be based on an objectively reasonable level of work under current circumstances.

A parent generally cannot avoid support by voluntarily remaining unemployed or deliberately accepting substantially lower-paying work when appropriate employment remains available.

Job-Search Evidence Should Be Specific

Applications, interview records, communications with employers, professional licensing information, job listings, and vocational evidence may help establish whether the parent is making reasonable efforts.

The order should clearly describe any reporting or job-search requirements. A parent should not assume that informal efforts will satisfy a specific court order.

A California child support attorney can present evidence concerning earning capacity, oppose unsupported income assumptions, and request a practical work-search order. The existing child support order remains binding unless modified through an authorized legal process.