Provides relative to the imputation of income when a parent is voluntarily unemployed or underemployed
Impact
The impact of HB 330 on state law is significant, as it establishes a rebuttable presumption that a voluntarily unemployed or underemployed parent can earn a specified amount based on the state's minimum wage for a certain number of hours. This change is aimed at ensuring that child support obligations are based on a more standardized calculation of income potential, which could lead to consistent outcomes in child support cases across Louisiana. The bill references the Louisiana Occupational Employment Wage Survey as a tool for courts to gauge earning potential, aligning judicial processes with documented labor market data.
Summary
House Bill 330 aims to amend existing provisions related to child support calculations in Louisiana, specifically focusing on situations where a parent is voluntarily unemployed or underemployed. The legislation provides that child support should be determined based on an individual's income earning potential, rather than relying solely on their actual income, unless they can prove an incapacity or are caring for a young child. This bill modifies existing law to clarify how courts should assess a parent's capacity to earn income for child support purposes, potentially reducing the instance of lower support payments due to reported unemployment or underemployment.
Sentiment
The sentiment surrounding HB 330 appears to be broadly supportive among legislators, with no recorded opposition during the final vote. The bill passed unanimously, which indicates that there is a general consensus on the necessity of clarifying the law regarding child support calculations. Stakeholders likely view this measure as a means to enhance fairness and accuracy in determining child support obligations, although it may also prompt discussions around the implications for parents deemed voluntarily underemployed.
Contention
While HB 330 passed without dissent, some points of contention may arise regarding the definitions and assessments of being 'voluntarily unemployed or underemployed.' Critics may argue that the bill could disproportionately affect those who find it challenging to secure stable employment, as it presumes earning potential that may not match actual job market conditions. Future discussions may need to address how the law can protect vulnerable individuals while ensuring fair child support for dependent children.