Intermediate Test for Child-Support Deviations

Intermediate Test for Child-Support Deviations

Definition

In deciding whether a downward deviation is appropriate when a parent voluntary terminates his or her employment, the trial court may consider, among other things, whether the parent’s current education level provide him or her with the capacity to find suitable employment, the length of the parent’s proposed educational program, if the additional education is likely to increase the parent’s earning potential, whether the parent will be able to finance his or her education or will have to assume student loan debt, and whether the parent’s decision is made in good faith, as opposed to an action taken in order to shirk his or her child support obligations.

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