Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

I would like to know how to handle child support calculations while I am currently unemployed during our divorce settlement negotiations.

My soon-to-be-ex-wife thinks my child support payments should be based off my high-paying job that I was fired from several months ago. However, I am currently collecting unemployment as my only income.

My concern is I will not be able to return to that salary level even though my child support payments could be based off that income. How do I address this situation?

Also, does child support normally start after the execution of the marriage settlement agreement or after the divorce has been finalized?

Question:

My child support question is about forcing my ex-wife to get a job.

I pay her above the state-ordered child support amount because I feel bad for her. But I am fed up that she refuses to look for work while I continue to pay her extra money even as my own income has decreased.

Can I get the courts to force my ex-wife to get a job?

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?