23.350 Underemployment

23.350 Underemployment (Charge the following only if it applies; tailor to facts at hand.) You should consider whether or not a party is willfully or voluntarily unemployed or underemployed. If you determine that a party is willfully or voluntarily unemployed or underemployed, child support shall be calculated based on a determination of earning capacity as evidenced by educational level or previous work experience. A determination of willful or voluntary unemployment or underemployment shall not be limited to occupational choices motivated only by an intent to avoid or reduce the payment of child support. In making this determination, you shall determine the reason for the party's occupational choices and assess the reasonableness of these choices in light of the party's responsibility to support his or her child and assess whether such choices benefit the child. The determination may be based on any intentional choice or act that affects a party's income. In determining willful or voluntary unemployment or underemployment, you may examine whether there is a substantial likelihood that the party could, with reasonable effort, apply his or her education, skills, or training to produce income. O.C.G.A. §19-6-15(f)(4)(D)