Seeking child support when a parent is voluntarily unemployed

| Jun 15, 2018 | family law, Firm News

When a former Kentucky couple splits up, the parent who does not have primary custody of the kids may likely be ordered to pay child support. While these payments are often supposed to be made to help the parent with primary custody pay for the children’s clothing, food, medical care and other child-related expenses, some people attempt to avoid making payments, leaving the full cost of raising the children on the primary custodian.

One way that some parents try to avoid making payments is through voluntary impoverishment. This essentially means that individuals choose not to work or do not report their income. If the custodial parent believes that this is what is happening, he or she can contact the local Office of Child Support Enforcement. The staff can assist a person with filing a child support order in court if one has not yet been established.

The agency will also look over the other parent’s employment history. If they also believe that the person is voluntarily unemployed or underemployed, they will determine what the individual’s earning potential is based on his or her education and past employment records. They will then determine the amount of child support he or she should be paying.

Children of separated or divorced parents are entitled to child support. The court takes accusations of child support avoidance very seriously as it can have an effect on the welfare of the children. A family law attorney may assist someone with gathering financial evidence that may demonstrate that the other parent either is failing to report his or her income or is voluntarily unemployed in order to avoid making payments. Depending on the situation, the court may garnish the other parent’s wages, take his or her tax return or create a payment plan. If the parent still defies the court order, a lawyer may determine the custodial parent’s options.