Child support is still mandatory for non-working or unemployed parents, and there are legal options available for the custodial parent. A mother with a job can get a court-order for the father to pay child support, while a mother who can’t work can also get a child-support order. Unemployment is not an excuse for the other parent not to pay child support, and the child support amount may be based on the unemployment amount until the parent finds new employments. If the parent cannot afford child support, the child support payment will still be required.
Unemployment does not exempt a parent from paying child support, and courts can impute income. Factors determining child support, how it’s calculated for unemployed parents, and the consequences of non-payment are discussed. In New Jersey, a parent’s unemployment does not mean they will not be ordered to pay child support, and the court may still order a small amount of child support. There is a rebuttable presumption that the parent can pay $40 per child.
📹 Intentional Unemployment
Jeremy Parks takes his ex to court because she is intentionally working a job that she is overqualified for, just to be able to pay …
How does child support work if the father has no job in California?
In the event of unemployment, the cessation of child support payments is not contingent upon the termination of one’s income source. In the event of non-payment, arrears will persist until the court issues an order modifying the existing arrangement. A petition must be filed, wherein the change is explained and a modification is requested. It is recommended that the California Child Support Calculator be utilized to ascertain whether the amount of support being paid is in excess of that which is required.
What happens if a father doesn t pay child support in California?
In California, if a parent fails to pay child support, they may face a warrant for their arrest, which can be civil or criminal. Civil warrants are issued when a parent fails to comply with a child support order, and can result in fines or a year in jail. Criminal warrants are issued when child support payments have not been made for an extended period and the parent is significantly behind in payments.
In addition to a warrant being issued, non-compliant parents may face wage garnishments, health insurance deductions, property liens, denied tax refunds, driver’s license suspensions, boating and hunting license suspensions, professional license suspensions, passport revocations, and credit score implications. The Family Support Act of 1988 allows for the garnishment of wages, health insurance deductions, property liens, and denied tax refunds.
In California, a parent behind on child support payments may face a driver’s license suspension, boating and hunting license suspension, professional license suspension, passport revocation, and credit score implications. To reinstate their license, they must set up a payment plan and establish a payment plan. If a parent owes child support, they may attempt to flee the country to avoid paying, which can negatively affect their immigration status.
What is the lowest amount of child support?
In California, there is no set minimum child support payment required due to the unique nature of each case. Instead, the state’s formula determines a fair payment for children involved. However, outside circumstances may affect payments, and parents may try to negotiate a lower payment by providing evidence, such as a parent not contributing to the children’s needs or a higher income.
Mandatory child support add-ons may include additional expenses such as healthcare for a sick child or reasonable schooling or training. It is best to consult a child support attorney to determine the applicable add-ons. The average divorced parent in California pays around $430 per child in child support payments, but this can vary depending on each parent’s income and their children’s unique needs. A child support lawyer can help estimate the amount of child support involved in a case.
How does child support work if the mother has no job in Texas?
Unemployment benefits can affect child support payments by withholding up to 50% of the earnings to meet current monthly obligations. The Texas Workforce Commission can review child support arrears payments and determine if the amount can be lowered through a modified court order or by adjusting the wage withholding with the employer. Lowering the payment amount towards child support debt may extend the time for a noncustodial parent to pay off their child support obligation.
What happens if I lose my job and can t pay child support Texas?
Losing your job or earning less income does not automatically change your child support obligation. However, you can request a review of your case by the Office of the Attorney General (OAG) and potentially be eligible for a payment modification. Employment status, income, and court-ordered amounts are related, and only a court order can change your monthly payment amount. If you have no income, the court can set your modified child support amount based on your past employment, ability to work, and the current federal minimum wage. Noncustodial parents who lose their job or see an income decrease can request a review of their child support order from the OAG. Your child support order could change to match your current income.
How does child support work if the mother has no job in Florida?
In Florida, child support payments are typically based on the parent’s current income, if the parent is unemployed, or their qualifications and ability to work. If the parent is receiving unemployment benefits, the child support amount may be based on the unemployment amount until the parent finds new employment. If the parent chooses to remain unemployed, the state may order the payment amount based on their most recent wages or the state’s minimum wage.
Despite being legally responsible for the support payments, the parent must report any changes in job or income to the agency handling the matter and the state. If the person refuses to report income or fails to attend a hearing or court date, the state may assume they are earning an income equivalent to year-round, full-time workers in the same state and city.
Can I give up my parental rights and not pay child support in Florida?
Parental rights are terminated, and the obligation to pay child support is also terminated. However, it can be argued that receiving child support is still in the best interest of the child. In Florida, Ponton v Tabares, a child support case, the court acknowledged that it is in the better interest of a child to retain their right to financial support after parental rights are terminated. The court ruled that the husband’s child support obligation was terminated along with his parental rights.
Can I get back child support if I never filed in California?
In California, a person can receive retroactive child support if they never filed a request for it in a family law court. Child support is money paid by one parent to the other to fulfill their obligation to provide financial support for their shared child. The main purpose of these payments is to ensure the child is adequately supported and has essentials like food, shelter, healthcare, clothes, and education. Retroactive child support is paid to cover a past period when the paying parent owed the support but was not obligated to pay it.
For example, after spouses separate and one files for a divorce, but before the court issues a final decree of divorce, a custodial parent might receive retroactive child support as part of the final decree of divorce.
How does child support work if the mother has no job Illinois?
Involuntary unemployment or underemployment, where the parent has made good-faith efforts to seek employment, is considered when calculating child support. The obligor, who pays child support, will pay less than they would if they were fully employed, as their actual income is considered. Conversely, the recipient, who receives child support, will receive more from the obligor than they would if they had a full income. This is because the parent’s actual income is considered when calculating their child support obligation.
Can a father go to jail for not paying child support in the Philippines?
The Republic Act 9262 establishes criminal penalties for failure to provide child support, thereby enabling fathers to pursue legal action to enforce payment. The act provides for criminal penalties to be imposed on fathers who fail to provide for their children. Nevertheless, procuring child support from a former partner who resides abroad can prove to be a more intricate process. A Philippine court may lack the authority to enforce child support from a foreign father residing abroad.
How does child support work if the mother has no job in PA?
The court may impute an income to a parent who has no job based on factors such as previous employment, education, skills, and local job market conditions. This is done to prevent parents from intentionally avoiding their child support obligations by not working. The court will also consider valid reasons for the parent’s unemployment, such as health issues or caretaking responsibilities. For example, if a lawyer leaves their practice voluntarily to avoid paying child support, high child support payments could be enforced against them even if they are currently unemployed. In cases where one parent has no job, the court may require them to actively search for employment that aligns with their qualifications and abilities, requesting documentation of job search efforts.
📹 How is Child Support Determined If the Other Parent Doesn’t Work?
Hey everyone, in today’s video we break down how child support is determined when one parent is unemployed. This can be a …
What she is learning is how the “family” court treats men. The court does not care about your struggles, your standard of living, or your quality of life. All it cares about is that you pay what the court commits you to pay. Judge Vonda has a lot of men sitting on the other side of the aisle with women owing support. This is EXTREMELY unusual since women are typically awarded custody 90-95% of the time. Texas is likely a 50/50 custody state. One of the few.
For sure I can guarantee she experiences way more stress as a retail grocery cashier than she ever did at her corporate job. I ve had office jobs and retail jobs. I can definitely say that I know for a fact office jobs are way more laid back and cause you much less stress daily and you even get to be away from the general public with customers. I loved my office job and hope to get back to that sort of gig one day. M tired of retail. I literally told myself at the start of my college days that once I graduate my degree will guarantee that I’ll never have to work a low level or low paying or even a retail or grocer job ever again. Then the pandemic happened and I had to take what I could get bc my bills had started to pile up. 🤷🏼♂️
She really sat there and admitted she took a job beneath her simply because she didn’t want to have to contribute more to her child’s wellbeing. I’m glad these articles exist because the children of these people need to see them when they’re older, so they understand how little they mean to some of their parents.
This was a “refreshing” case, as when men got tagged for support, either lost their job or were economically impacted beyond their control, they were still responsible for the court ordered amount. The only time that would change would be if he made more, then the mother would take them back to court to get even more due to his increased income.
My ex is the residential parent and she took a $10/hr job just before we split. She has a vocational degree in the dental field but won’t use it and never has. I even offered her my GI bill while we were married since you can give it to a dependent. She could go to school online and even stay home with the kids and have college paid for and graduate with a degree to get her a good job. She didn’t want anything to do with it. I now pay out the ass in support each month because I obviously have a little more pride in myself and have more gainful employment than $10/hr. I also cover insurance and most of the childcare. She gets Medicaid and other public assistance. There comes a point when child support payments get to be so high for large income disparities between parents, that eventually any incentive of the receiving parent to find better employment gets destroyed. Underemployment is harder to prove than you think in most gynocentric court rooms
I am very glad this judge saw through this. FYI? I did take a lesser job after our daughter beat cancer – but with my former spouse blessing because I wanted to work in service of child welfare/ charity as I felt moved to help like we had been . He respected that and HE got a better job to increase his support ! ( I had made the larger income for 12 yrs in corp – he has hadthe larger income for 15 – and I have the better insurance now so they are on that ) but it was done with respect and discussion . I cannot imagine just upsetting your childs life balance/ expectations out of selfishness and pettiness! I am so glad HE has the child!!!! ( We share – we are blessed with a good divorce, great friendship and pretty happy family)
As soon as the judge congratulated her on a divorce I figured this is going downhill. I once worked 6 months as a food stocker at Walmart with a Masters degree because no one would hire me. Why does this seem implausible to the judge. Also a judge told my brother that his letter of completion from high school was the same as a diploma ( it is in fact not) and had to pay more child support than his job was paying him. Maybe someone should have told his employer.
I love how you told her congrats twice I think she deserved it after the horrible years she has had supposedly suffered through I just don’t understand wanting a less paying job she really just screwed herself all around for damn sure when she said she did it on purpose be different if she lost it but she just thought it would lower her payment and you made a great decision in my mind.
She told on herself! If she was smart she could have stated she was having a hard time dealing with the divorce and started seeing a therapist and then just saying her job was overwhelming so she needed to do something simple for awhile. At this point she could have brought in her therapist to confirm her diagnosis and presto Doctor confirms she’s having a nervous breakdown due to divorce and stress of the job so now she’s a cashier clerk. Judge would more than likely grant decreasing child support! 😁
Considering she has a master’s degree, she was pretty dumb saying outright that she left her job intentionally😬she was asked again, so you intentionally left your job and she said yes😱 Sometimes the corporate world can be a heavy load on a person, that a break from it to a basic job without the same pressures is very much an emotional relief. As for the dad he obviously has the same degrees based on her saying that he can get a well paying job as well. If she has lived on the $30,000 for the last year, then in reality child support should be based on that. If later on she gets a higher paying job, then again adjust child support to suit. Tax returns can identify that.
I disagree with the ruling. The premise is that you are obligated to pay based on what you made “prior” to divorce. Yet the premise contradicts itself because when a person gets a higher paying the job the court then adjusts the support based on their new “higher” income. But if someone gets a lower paying job they don’t. Whatever the precedent, it should work both ways. And no one should be forced to work a job they hate. Meanwhile the less ambitious husband gets rewarded financially for not pursuing his full potential? This is not fair.
Ok for some of the posters here, this is an reenactment of an actual case, where a non custodial parent was told to pay a certain amount based upon their currant income at the time of the custody and support hearing after the divorce. Once that parent was told to pay, they decided after some time that they were going to screw the other parent by finding another lesser paying job to get out of having that big of child support payment and hoping to hide the savings from the courts that came from the old job. Men have been doing this tactic to get out of paying for their kids for a long time by quieting their good jobs for menial jobs or just stop working all together (which could lead up to jail time on that one). So States had to come up with stuff to deter this practice (both parties) from happening and the child is getting the proper financial support they deserve from both parents and it is not one sided. Remember when a parent has to start seeking financial assistance from the State because of their ex partner is deciding to try and undermine the support process by this tactic and laziness, Its YOUR tax dollars paying for it and states are tired of these parents, sperm donor’s, baby moma’s, ect from shirking their parental duties and forcing them to take the place of that parent. If you are going to have sex then except the possible responsibilities of that act without any protection on both sides, usually its the woman who is stuck with that. Also if you are married and divorcing then stop using the kids and the courts to get back at the other spouse for some reason, these are children and just want to be loved and excepted.
I’m a bit confused. I just got done perusal the case of the guy who has 8 kids, left his post office job to sell cd’s (aspiring rapper) and judge set his support amount based on minimum wage. This woman actually have a job and she’s using her old salary to determine the amount. I get it…she shouldn’t have left her job just because of the child support payment. But she stated that she was stressed due to the divorce. Some people handle stress better than others and sometimes it does loan to take a step back until you can be mentally sound. Mental health is the most luxurious thing here on earth
I partially get it. I had a moment at work where I had such a stressful day that I actually imagined quitting my job and getting one where all I had to do was make sure the tables were clean and floors were swept. The difference between her and I is also have one kid and I want to make sure he has everything he needs growing up, so I keep doing the job that pays me more and I do everything I can to find a different outlet for my stress.
I had a similar situation where my ex-husband vowed that he would purposely only work jobs where he’d get paid under the table. He thought this would prevent me from getting support for our three daughters. Then he thought since I made more than him, I made $40,000, he wouldn’t have to pay support. He ended up paying $1000 a month for all three girls plus medical.
“I want to work harder for less, because I want to stick it to my ex over our child’s health and wellbeing”. “My divorce really messed with me mentality, as well as my work output”. . Translation: Her child was just a piggy bank to her. She lost the court case, and doesn’t want to put anymore in said “piggy bank”.
I normally agree with this judge but I don’t agree with this verdict ; If someone cannot handle the corporate grind – i understand that – i was mentally broken by it – had to switch fields – I think people need to be understanding when someone says they cannot mentally handle certain fields – and I don’t think it’s appropriate to tell someone they have to make a certain amount of money because the once did – appeal for sure
But just one minute. Miss masters-degree-turned-store-clerk stated that she “had enough money in savings to provide for her child” so she may well have had tens of thousands of dollars tucked away which would be accumulating interest or even capital gains if invested in stocks and might be considered a second income…
Why can we have more judges like you! We are dealing with a bitter angry hateful baby mama and not once she mentioned in mediation her concerns or do what’s the best well being for these kids, she just wants to hurt and control and make this man who’s offered her months before she went to child support help and financial help as well and she never responded, now she wants back child support for 2 years that she’s kept his kids away from him we still have their Xmas gifts because she won’t let them have it, do judges notice when a parent wants to hurt the other parent out of spite? and does the judge notices if the baby mama is talking for the well being of these kids or the well being of her bitterness and anger?!?
Took 25 agonizing years to pay my child support in full. Hated every moment but that last payment ( 20 years ago now) was the ultimate high. No more DMV suspensions. At the time I earned $25,000 a year and my child support was a $1000 a month, due the math! With tax deductions I had nothing left! All holidays I never spent with my kids bcuz those were her holidays not mine. Birthdays, were enjoyed the week before. If I wanted to spend more time with my kids I needed to bring her cash incentive. I could go on and on on the mental hell I went thru. Today me and my kids have no relationship. They have written me off as a total loser but I hope and pray the lord will bring us together some day as a family.
That look says it all. See if that check shows up at the 1st of the month. Girl you will be back in court again. The most she will see for not paying child support is 30 to 90 days in jail. The only way he is going to see any money is garnishment of her wages. A percentage is taken out each week. I’ve seen this happen to men where I work.
My ex would move out of the state. Go and live across the country. Come back and expect all his parental rights. We had to go to court over child support in December. He shows pay stubs from August just after he returned to our state. I knew he was working full time at another business, yet he was trying to prove part time hours from August. Nobody caught it, till I asked to see the pay stubs, and pointed it out to my attorney, who took it to the judge, who showed it to ex’s attorney. He perjured himself. The judge asked where he worked, how many hours he worked and made him swear in court. Major discrepency. Ex played stupid. Well, he was actually stupid. Judge gave him one week to bring pay stubs to the court, with him knowing they would be validated by his employer. He hated that I had gone on from him and thrived without him. Made 3 times what he made, could afford a nice home for our sons, and a new car every few years. Living well is the best revenge. But every car I had, “someone” always messed with brakes, steering and transmission. I would get prank calls about something happening to my new car.
She didn’t quit her job because of the stresses of the divorce, she quit her job so she wouldn’t have to pay as much in child support. What a heartless jerk. The kids don’t deserve that! I like the judge vonda, she doesn’t play around and I’m glad she stuck it to this woman cuz what the woman did was clearly wrong!
Thank you for siding with the child and dad. I am a woman and I know too many good men that ended up getting screwed out of getting sole custody simply because they are men, and the ex- girlfriends literally go get Botox with the child support money. It is horrific. Men have the right to have sole custody too .
My bm had an existing child. In foster when we got together. Few months after our child was born, the mother won custody back of existing daughter. 2 years later she asked me to leave our home. I did. She’s withholding my child and trying to force me to continue having the same relationship. She clearly stated the child will know I’m not her father. She refuses to find out who the actual father is. The child calls me dad. Does that make me culpable for financial responsibility? Please help!!
I know someone who lost his job and because he was an alcoholic, was not able to hold a similar paying job for 5 years prior to his divorce. He was ordered to pay CS based on his previous salary, even though he could no longer get licensed to work in the same field. His Ex and her lawyer were extremely gleeful about that… She never got a dime from him as his addiction took him. Their kids lost their Dad, she lost all the money she thought she was going to get. There was no insurance policy and I have no idea if the kids even got SSI or anything. After all the lawyer fees and courts costs, there wasn’t enough money in his estate to pay for his funeral.
This is the first ever episode that I watched from Judge Vonda that got me into the whole thing of child support. It’s rather interesting to see the reasons people try to get out of caring financially for their offsprings. PS – I love how some episodes you can see other cases that I know were covered in another episode relating to child support. That lady wit the make up and afro hair – her story is just as hilarious too! LOL
Unbelievable. She actually thinks that she can work a $30K job instead of the $70K job because of stress? Everyone has stress. It’s called go see a therapist. At $70K/year she can afford it. You do not get to intentionally drop your higher paying job just because you’re having a hard time and screw your ex-husband and child in the process. She actually thinks she’s entitled to do that. Just wow.
I have a Bachelors of Science Degree, and as someone who had paid child support, the last time I checked, it was not a crime to leave a job to go find another (intentional or not) even if it is for less money. Maybe they wanted her to work more hours, or wanted her to move the reason DOES NOT MATTER, it’s her choice and child support is based off annual income at that time. It is not based on a job that you one had….judge is wrong in this case by allowing her emotions dictate her decision and not what is bound by law.
Question: what happens if the mother is unemployed. She and her 2 kids 5y/o and 8month.old. They were kicked out by the dad 2months ago. Mom never returned back to work after birth of 8 mo. Old because the dad refused to help pay childcare, and the other option was for him to keep the kids while she worked Sat. And Sun. Only and he refused to keep his children for her to work. The mother is now seeking custody and child support. How will the judge work with this scenario?
I knew an accountant who kinda played that trick… he had a feeling his wife was only with him for the green card, so he hired her as a secretary and refuted pay. Once her mom’s card was clear, she took the kids and tried to take 80%, so he gave her the house and a nice surprise that she was the bread winner… The lady then had to start working for the first time in Canada.
What these family courts should be doing is to help facilitate the meeting of parents for exchange of their children and mediating pertinent meetings to discuss and resolve custody swapping between parents and address concerns together to help the two parents reach consensus. Not damage the child by financially crippling one parent to ensure the custodial (almost always female in this state) gets the non custodials wages and parenting time and assets and to pay the hospital bill the custodial in fact had equal decision making.
my sons father has a culinary degree and job hops evades child support to avoid paying child support because they remove it directly from payroll. he owes over 40,000 in back pay and stays off public record so they cant find him to serve him contempt paperwork. only time there was consistant child support payments was when there was covid relief unemployment payments then child support came directly out of those weekly claims otherwise I havent gotten a payment in over a year.
What happens to adults to behave that poorly when raising children? This is so nasty. My ex husband never payed me child support. I had to pay everything by myself. It was super hard. I never understood his way of thinking. Its só low to behave like this … her behaviour IS entitled and embarasing. Poor kid. I feel for her child. She should think of her child best interest.
So this is what a Karen looks like. She seriously believed that she could deliberately quit her corporate job where she was making 70 grand a year to go to some clerk’s job in a convenience store, making 30 grand a year and Judge Vonda would buy that story when she has a Master’s degree and has been working a corporate job for 8 yrs. She quit the job because her husband got custody of the child and she didn’t want to pay all that money. Judge Vonda saw right through her weak attempt at fraud.
Here is the fundamental problem with assuming a person with a high paying job will be able to pay a set amount of child support based upon that high paying job. The court assumes a divorced husband wants to continue working the same high paying job. This assumption might just be completely false. Many high paying corporate jobs absolutely suck with high pressure, fatigue and mental strain. Some or many divorced husbands or wives in this case, just snap and say the hell with everything quitting high stress corporate $70k per year job for a much lower stress $30k per year job. No court in the world can put a man or woman in prison for working a lower paying job. It is simple for men to take a much less stressful lower paying job. It is easier to tell the court, “I am paying only a (token amount) due to my lower income amount.” The man can work under the table for cash only income to supplement his reported income. Men also get vasectomies and live with their women partners rather than remarrying. Bartering or “cash only” for work also is an age old system too. Guys also drive 15 year old cars with 150,000 miles. The court costs of garnishing wages won’t do much if the guys response is to file bankruptcy and apply for food stamps. The driver’s license suspension for failing to pay child support is an unenforceable idea in a country filled with a nationwide shortage of police officers. Here is the bottom line: high child support payments and alimony payments ordered by a court based on a high paying job won’t work if the ex-spouse says “the hell with it” and takes a much lower paying job essentially dropping out of the labor force.
DOES one quit a $70 k job just to spite one’s ex in child support? I don’t think so. I mean, because she’d be giving up a LOT MORE than she’d be saving in child support, especially if she was only paying $900 a month, so that doesn’t make any sense. Not being able to handle the stress of the job? That is actually more believable, and it was even mentioned. And does the law allow a judge to base support payments on the idea that she COULD have a $70k job if she wanted to, or are support payments based on actual income?
Because of ‘reasons’ I’m familiar with CS based more out of spite than actual needs of a child. And for that reason I’m usually on the male’s side. But I suppose where the woman f—ked up here is she didn’t furnish proof of her distress. Like if she was genuinely stressed out working her job… suicidal, self harm, etc then that’s not ‘intentionally being underemployed’. That’s her looking out for her own well being. But all she had as proof of that was ‘trust me bro’. So lesson learned. I really dislike how CS is based of a percentage of income and not a rate that’s established that’s needed to take care of a child. Like if one is making $50k a year and one has to pay x in child support the court is saying ‘x is sufficient to support the child’. So how does x somehow not become sufficient if one’s salary goes up? This cuts both ways across sexes. It’s the law but the law is BS here.
this is the 1st case I have to say NO to the JUDGE….she told the judge STRESS got her out of that job & the judge says GO SEE S DOCTOR………………..and the second the doctor puts her on anti-depressants & writes that note saying STRESS caused her to get a less stressful job & THE JUDGE WOULD HAVE TO ADJUST THE CHILD SUPPORT ACCORDINGLY IMO.
i knew someone i thought was a friend . he intentionally got fired and then demanded i support him which i did for a few years. my condition was he must find a job, save up money so he could eventually get back on his feet and move out . then 2 things happened . he turned down a job making 17.00 an hour and said he wouldn’t work for less than 20.00 per hour. i have never made that kind of money. then i arranged a job for him . all he had to do was show up . he lied and said they didn’t hire him,that he tried . so i told him he needed to find Somone else to stay with . he said he would leave when he wanted to and would kill me before he left . he used graphic detail how he would kill me and it wasn’t an if i didn’t this or that it was an eventually he would kill me and there was nothing i could do about it .. threat .. he isn’t here anymore and isn’t allowed to come back ..
Higher-paying job comes with higher stress. Lots of people go to lower-paying jobs or a lower position to not take that stress, have burnout and like me, I don’t want to take my boss’s job because it comes with huge stress and no personal time, and huge responsibility. Court punishing her for that doesn’t seems right
She doing this as a pretty game. 70k on 300 a month is only $3600 a year in medical. Remember he said she only pays medical. In her right mind lose 45k over $3600 a year was a right decision. On top of that she still has to pay child support… She is just playing a petty game thinking the judge was gonna play in her favor.