Paying child support if your ex refuses to work in California
Divorce can be frustrating, stressful, and expensive enough without having to shoulder more than your fair share of the financial load.
In family situations, where children must be raised after the parents separate, fair outcomes should be sought that allow each parent to contribute to the healthy development and support of the child—physically, emotionally, psychologically, and financially.
If one parent is paying child support, the other parent should not be entitled to quit work or become under-employed. Child support payments are the right of the child in California and should contribute towards the child’s upbringing—not to support the custodial parent.
This situation can be very frustrating for the parent paying child support—especially if he/she is also paying spousal support—but what does Californian family law say about this situation?
Do custodial parents often quit work after receiving child support?
When parents separate in California, one parent generally pays child support to the other parent with whom the child normally resides.
In making child support orders, the courts assess the relative incomes of the parents and the child’s needs before deciding on how much should be paid, how often, and for how long.
However, this system is open to some abuse, especially from parents refusing to work or quitting work before or after the support payments begin. Some parents who should pay support lower their income artificially by not working or under-working to pay less—and others who receive support may stop working or become under-employed after the support order is issued.
This is unfair because both parents are generally meant to contribute fairly to the financial burden of raising their child unless alternative arrangements are agreed between the couple.
While abuse of the system is by no means the norm, there are increasing instances in California. Many parents want to understand their legal position in such cases.
What can I do if my ex-spouse voluntarily quits employment?
So, what options are available to the support-paying parent if an ex-spouse quits employment?
A lawsuit can be filed against the non-working or under-employed parent asking the court to adjudicate on whether unemployment is voluntary or involuntary.
These can be challenging cases to litigate and adjudicate because, traditionally, staying at home to look after a child was considered “normal”. Although it is much less common these days, a valid argument can often be made by the stay-at-home parent.
Judges in California look out for the best interests of the children and the parents’ needs are often secondary.
That said, each case will be judged on the specific circumstances. The court will establish the reasons for unemployment or under-employment and, in doing so, decide whether the condition is voluntary or involuntary.
Some cases of unemployment are strictly involuntary, i.e., the individual loses the position by being let go or cannot work because of physical or mental disability. If he/she cannot find employment despite reasonable efforts to do so and can satisfy the court that this is a legitimate involuntary case, the court will likely rule in favor of the recipient parent.
The court usually assesses the parent’s qualifications and recent employment history when adjudicating in these cases but sometimes the parent claims a career change justifies the reduction in work capacity/output.
What happens to child support after the court decides?
There can be several outcomes once the court establishes the reason for the lack of work from a recipient parent.
If the court finds in favor of the paying parent, i.e. the parent is unwilling to work or be fully employed, the ex-spouse’s income may be imputed to force them to contribute to the financial support of the child (more about this below).
When deciding whether to impute income, the California courts will consider three main factors:
- The ability to work
- The opportunity to work
- The willingness to work
If the court finds that the condition of unemployment or not working at full capacity is involuntary, the existing child support order and obligations will remain in place.
What is “imputing” income to an unemployed parent in California?
What is “imputing” income to an unemployed parent in California?
When a parent is found to be voluntarily unemployed or underemployed by a court in California—and this affects the amount of child support paid by the other parent—income may be “imputed” to the non-working or under-working parent.
This essentially means that income is attributed to the parent as if it were being earned. Calculations are based on what they could or should earn.
The same can apply to a parent who should pay child support but tries to avoid it by being voluntarily unemployed or under-employed to artificially reduce his/her income. The court can rule that the parent is acting in bad faith and impute income to that parent as if it were being earned—essentially forcing the individual to work or possibly suffering severe financial consequences.
Because child support is considered essential for the healthy development of the child—and is the right of the child rather than the parent—the courts can go to great lengths to ensure that the appropriate payments are made. Imputing salaries to parents is one way that family law judges in California protect the best interests of the child.
If you are facing a situation with a non-working or underemployed ex-spouse who is claiming spousal support and child support, it’s best to seek legal advice for the remedies available to you. One option may be to ask the court to rule on whether unemployment or underemployment is voluntary or involuntary—for which legal help is advisable.
The family attorneys at The Sands Law Group APLC in Los Angeles can help. Contact us or call 213-788-4412 today for a free 15-minute phone consultation about your case.
