Section 144-351-7-1 - IMPUTATION OF INCOME BASED UPON VOLUNTARY UNEMPLOYMENT OR VOLUNTARY UNDEREMPLOYMENT (19-A M.R.S.A. Section2001[5][D])A. The goal of the Child Support Guidelines is to establish an accurate child support order and obtain compliance with the order based upon the real circumstances of the parties and the best interests of the child. The Department may impute income where the noncustodial parent's lifestyle is inconsistent with reported earnings or income and/or where there is evidence of income or assets beyond those identified by that parent. Therefore, imputation of income pursuant to 19-A M.R.S. §2001(5)(D) shall not be made except upon the basis of evidence in the record as to those factors which, in the circumstances of the parent, constitute his or her effective earning capability. Such factors may include, but are not limited to: 1. prevailing work-availability conditions of the job market within the commuting range of the parent's residence, or of a residence to which he might reasonably be expected to move for the purpose of supporting his or her children; 2. training and education of the parent; 3. prior employment history of the parent; 4. actual availability of the parent for employment.B. When imputing income, the Department will take into consideration the noncustodial parent's subsistence needs (as defined in Section 3, below), and ensure that the amount ordered for support is based upon available data related to the parent's actual earnings, income, assets, or other evidence of ability to pay, such as testimony that reported income or assets are not consistent with a noncustodial parent's current standard of living.C. The Division shall have the right to assert that the responsible parent is voluntarily unemployed or voluntarily underemployed, and to present evidence to support such assertion. Evidence to support this assertion must meet the requirements and criteria of sub-sections (A) and (B), above. If the Division makes and presents evidence in support of such an assertion, a request by the responsible parent for a continuance to enable him or her to rebut the Division's evidence on this issue shall be granted. D. A responsible parent shall have the right to assert that the custodial party is voluntarily unemployed or voluntarily underemployed, and to present evidence to support such assertion. Evidence to support this assertion must meet the requirements and criteria of sub-section (A) and (B), above. If the responsible parent makes and presents evidence in support of such an assertion, a request by the Division or the custodial party for a continuance to enable it to rebut the responsible parent's evidence on this issue shall be granted. 10- 144 C.M.R. ch. 351, § 7-1