Kanka v. Kanka (Tennessee 2018)

Child support can be based on a parent’s earning capacity if the court finds a parent willfully unemployed. The father appealed the order that found him willfully unemployed and imputed income to him in the amount of his salary from his previous job. The appellate court upheld the decision. When determining if a parent is willfully unemployed, the court must consider whether the choice to leave the previous job was voluntary or involuntary and the parent’s efforts to get a new job. The father had resigned from his job and signed a separation agreement that limited his options for future employment. He accepted a seasonal job at a much lower wage even though he had marketable skills.