September 2014 | 24 Kan.App.2d 631, 950 P.2d 267 (1997)
In re Marriage of Johnson (Kansas 1997)
Under the Kansas Child Support Guidelines, income may be imputed to the non-custodial parent if that parent is deliberately unemployed or underemployed. However, voluntary conduct that results in an involuntary loss of income (testing positive for marijuana) does not necessarily determine that a parent is deliberately unemployed or underemployed. If a reasonable person could conclude that a parent is not deliberately unemployed or underemployed, it is not an abuse of discretion for the district court to refuse to impute the parent’s former income in calculating the child support obligation.
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