Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My current child support agreement has me paying 75% of our children's expenses.

Now that my ex-wife is unemployed, she wants to file for a child support modification so I am responsible for all child support expenses.

Will the courts impute income to her or can child support simply be modified any time she petitions the court for a modification?

By Daniel Exner

Mens Divorce Lawyer, Cordell & Cordell

Being unemployed and facing child support payments is a scary proposition. It gets even more daunting when courts impute income to an out-of-work father.

In child support cases, many jurisdictions allow the court to impute income to a party who makes a voluntary and unreasonable decision regarding his or her employment. 

The term is called "shirking" and the question is whether the decision to not return to the workplace is reasonable.

Question:

Do child support calculators consider the reason for a person's unemployment when setting the final amount?

My soon-to-be-ex-wife just got herself fired for gross misconduct. Since she now has zero income it is likely my child support payments will be higher.

Will the child support calculation take into account that it was her actions that caused her to lose her job?

Question:

My divorce question is about income used to determine child support.

Both my wife and I have been unemployed for several years with our income almost solely coming from capital gains from stock market trading.

We have been very successful with historic annual returns, but those returns are obviously unsustainable.

For child support purposes, how would a judge impute our incomes if we have both been consistently unemployed and only make money off the stock market?

Question:

My state is an "equitable distribution" state with regard to division of assets and debts. So how does equitable distribution work?

In my example, I make significantly more than my wife because she has chosen to work a low-paying, part-time job after quitting a full-time job that paid much more money.

This proves her ability to earn more. 

Will the court consider her voluntary underemployment in dividing property?