So the BM was an RN for years, "resigned" forcefully from her job bc she was caught stealing pills and went to rehab for 22 days so nothing went on her nursing license and has received unemployment at a rate of like $500/week since then. Her unemployment will run out in March and she has made it very clear she will be taking my BF for everything she can (out of spite, and yes, she's made it clear its simply out of spite). I was told that even tho she has a RN license and has NO reason she cannot go back to work making a ton of money they are going to give her an earning capacity of minumum wage, meaning we are going to end up giving her a good bit of money in child support even tho she is able to find a very well paying job AND he has custody 50% of the time. This boggles my mind! However, I did find this in the PA support guidlines:
(4) Earning Capacity. If the trier of fact determines that a party to a support action has willfully failed to obtain or maintain appropriate employment, the trier of fact may impute to that party an income equal to the party’s earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. In order for an earning capacity to be assessed, the trier of fact must state the reasons for the assessment in writing or on the record. Generally, the trier of fact should not impute an earning capacity that is greater than the amount the party would earn from one full-time position. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours, working conditions and whether a party has exerted substantial good faith efforts to find employment.
So this should mean they should hold her at a capacity of what she COULD make based on her degree and the fact she has no reason she can't work, correct?