Will a judge see me as voluntarily underemployed. For the last 10 years i have had part time.

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Anonymous Apr 9, 2015 Bankruptcy and Debt 9 views 4 answers

Since prior to my children being born I have had work part time. It allows me to be available for them before and after school. It keeps them out of daycare...not to mention the cost of childcare. I never went to college let alone quit a high paying job.

Attorney Answers

Matthew Robert KaminskiDivorce / Separation LawyerSeattle, WA

Matthew Robert KaminskiDivorce / Separation LawyerSeattle, WA · Jun 15, 2026

I agree with the other attorney's points. First, its difficult if not impossible to guess how a judge will rule. This is a fact specific question, and it would be best answered by an attorney after going over all of your facts. I would recommend you speak with one about this matter. Underemployment is a very fact specific allegation. If there are valid reasons why you have not been able to work more hours, then the judge should take those into account. If you won't see an attorney, you may want to head down to the law library, you can look up "underemployment" and see what factors the courts have considered in other cases. Good Luck, Matt

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Elena Garella

Elena Garella · Jun 15, 2026

I think you have good reasons for underemployment, especially if you can prove that a full time position for which you would qualify will not make more money, or would only make a little more money, than the cost of daycare. It is impossible to predict how the judge will rule in this situation. Some judges will be sympathetic to the goal of keeping children out of day care and others will not.

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Dave Hawkins

Dave Hawkins · Jun 15, 2026

Yes. there is case law out there that specifying that if a parent chooses not to work to care for a child, that parent is voluntarily unemployed or under employed warranting the imputation of income pursuant to statute.

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Douglas Barnes

Douglas Barnes · Jun 15, 2026

Yes and Mr. Hawkins is correct. There are several controlling cases in Washington law that support that income will be imputed to you by the commissioner/judge. See LINKS: RCW 26.19.071(6) also you can look up Goodell v. Goodell, 130 Wn.App. 381 (2005). There are other cases as well.

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