Question:
What happens when dad quits job to avoid more support ?
Answer:
You have a few strategies you can employ for this. You can ask that the Court impute his income at the median wage for his locality. If he already has a Court Order for child support, you would hold him in Contempt of non-payment and you will need to present or ask him what stops him from being able to be gainfully employed. To be held in contempt for non-payment of child support you will need to show that he willfully failed to comply. There is a presumption in child support cases that, based on the prior court order and his failure to seek relief from the Court, that he has the ability to comply. You can subpoena his loan application on his car to assist you in proving his actual income as well.
Attorney Erin E. Morse