You will have to pay child support if a family court orders you to do so, even if your ex refuses to work. However, depending on the circumstances of your situation, you could request a modification of your support order to lower your support payments.
If you have to pay child support when your ex refuses to work, you could feel helpless to change your situation. Thankfully, you have access to legal help.
A child support lawyer for fathers in California empathizes with dads in situations like yours. They can evaluate your case and explain your legal options if you’re paying child support and your ex doesn’t work.
Can I Get Child Support if My Ex Refuses to Work?
You can get financial support for your son or daughter if your ex refuses to work. If your ex’s unemployment is voluntary, a family court will not allow them to avoid support obligations.
Below are factors to consider if you want to receive support for your child from your ex, who won’t work:
- Income imputation: If a family law judge finds that your ex is voluntarily unemployed or underemployed to skirt child support payments, they can impute income. With this, the judge can calculate support payments based on what your ex should be earning.
- Income Imputation: If your ex is voluntarily unemployed, the court can calculate support based on their “earning capacity” (the income they could be making) to ensure the child’s needs are met.
- Evidence: To get a family law judge to order your ex to pay child support, you will have to prove that they have the ability and opportunity to work. As such, you may have to provide a family court with evidence that highlights your ex’s past income and skills.
- Enforcement actions: If a support order for your child is in place and your ex is not paying, the California Department of Child Support Services (DCSS) can enforce this order by intercepting your ex’s unemployment benefits or tax refunds or placing liens on their property.
- Contempt of court: If your ex doesn’t work and won’t pay your child support, they are subject to contempt of court, which can lead to a fine or jail time.
Share any concerns or questions you have about child support for fathers with a family law attorney. If you want to pursue child support from your ex who chooses not to work, your lawyer can guide you through the process to do just that.
Schedule a Case Evaluation call 951-339-3826
Can a Custodial Parent Stop Working After They Start Receiving Child Support?
Generally, in a custody case, the non-custodial parent will pay child support to the parent with custody. That has been how court proceedings turn out in California for many years.
A family law judge will consider the financial capability of both parents, and each makes child support payments based on their respective income.
Over the years, the issue of the parent receiving child support refusing to work has become rampant. Some non-custodial parents attempt to sue their ex-spouse to require them to go to work.
Regardless, there are instances when courts determine that it’s in the child’s best interests for the custodial parent to stay home and take care of them.
If you’re a father in this situation or one similar to it, you may need a family court to intervene. Let a child custody attorney for men review your case. Your lawyer can provide insights into how fathers can reduce or eliminate child support in California. They will advocate for your parental rights and work to ensure support calculations are based on accurate financial data.
What Can I Do if My Ex-Spouse Voluntarily Stops Working?
One of the things you can do when your ex-spouse quits employment is to ask a family court to determine if the unemployment is voluntary or involuntary. A child support lawyer for men can discuss the steps to take.
A family law judge could say that the reason for your ex-spouse’s unemployment is one of the following:
Involuntary Unemployment
This happens when a parent loses their job for a legitimate reason and can’t find work despite many attempts to do so. In such a situation, the parent who is unemployed will have to prove to the court that they lost their job involuntarily. They will also have to show diligent efforts to find another job or an inability to find another job because of a lack of opportunities.
Unemployment may also be involuntary if the unemployed parent suffers physical or mental disabilities that limit their ability to work. The court won’t impute this parent’s income if their reason for being unemployed is legitimate.
Voluntary Unemployment
A parent is voluntarily unemployed if they can work, have an opportunity to work, and choose not to work. Examples of this include voluntary early retirement, losing a job due to illegal activity or misconduct, voluntary termination, and quitting work to return to school.
Voluntary Underemployment
If a parent doesn’t make enough effort to find employment at a level equal to or better than their previous income, they may be considered voluntarily underemployed. A family court will assess this parent’s employment qualifications and recent work history to determine if they are working below their full capacity.
Legal counsel makes a difference if you’re a father who has gone through a divorce and is dealing with an ex-spouse who refuses to work.
If you’re wondering whether fathers are entitled to reimbursement for overpaid child support if an ex doesn’t work after a divorce, talk with a fathers’ rights attorney, as they can provide dedicated legal representation tailored to your child support matter.
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Ask for Legal Help if You Have to Pay Child Support When Your Ex-Spouse Refuses to Work
You pay court-ordered child support in spite of your ex refusing to work. Things look bleak, and you are worried that your current situation will remain this way for years. Have child support attorneys examine your case.
Your lawyer can look at your living expenses, alimony, financial stability, and other factors as they evaluate your situation to identify if you may be eligible to request a support modification.
Reel Fathers Rights offers legal services and support to fathers who are paying spousal support or child support when their ex-spouses refuse to work.
Our legal team has hundreds of years of combined litigation experience and is prepared to provide representation for your interests in family court. For more information, request a case consultation with us.
Call or text 951-339-3826 or complete a Case Evaluation form
