How to Collect Child Support from an Unemployed Ex-Spouse
If your ex-spouse earns more than you do, but you have custody of your children, you are entitled to child support. However, if, like most cases, your ex refuses to pay for said support or refuses to work because they don’t want to support you financially, the law will be on your side.
Child support orders in the state are determined via an ‘income share’ model. The primary factor that determines the child support obligation amount is the net income of both parents. So if your ex is unemployed, underemployed, or works part-time, you may naturally worry about payments. In this case, you can ask the court to intervene, especially if your efforts to remind your ex of their obligations don’t work.
The Court’s Role
The court must first determine whether a parent’s underemployment or unemployment is voluntary or involuntary. If the latter is the case, your ex can qualify for a reduction in their child support obligation. This can happen if they are laid off from their job through no fault of their own.
However, even if their child support obligation is reduced, the court will still require them to seek gainful employment to help them with payments. On the other hand, if the obligating parent quits their job, chooses to work only a few hours, or loses their job and does not want to get another one, the court will treat their case differently.
So if your ex refuses to get a job voluntarily because they don’t want to give child support, the court may calculate their support obligation based on the potential income they can earn instead of an actual one.
Their potential income will be determined by their qualifications, job history, the job opportunities they can take advantage of, and other factors that apply to their case. Suppose the parent does not have a good employment history. In that case, the court will set their potential income at 75% as outlined in the current single-person household income poverty guidelines set by the Department of Health and Human Services.
There are always exceptions on how the court can determine child support obligations whether the obligator parent is voluntarily or involuntarily unemployed. If your ex is being deliberately difficult and refusing to get a job or cannot find one, where does that leave you? In this case, hiring a child support lawyer in Hinsdale should be your priority.
Get In Touch With Dan Walker Today
Whether you are getting a divorce or want to make your ex pay for child support regularly, hire a child support lawyer in Hinsdale from Dan Walker Law Office to make the experience easier for yourself and your family. Dan has years of experience handling divorce, custody, and child support cases.
With his experience and client-focused approach, you can rest assured that your legal matters are in good hands. Get in touch with him at his Hinsdale, IL office for a free consultation today! He will ensure that your case is handled promptly and that no stone is left unturned to ensure you get the support you need.