Modifying Child Support When Ex-Wife Is Unemployed

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?

Answer:

While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding your child support question.

A court may modify child support upon a showing of substantial and continuing change in circumstances. For child support purposes, this requires at least a 10% change in the amount of support due per month, at least in the state I practice.

Based upon the information you have provided, the income imputed to your wife will depend on whether or not she quit her job or was fired. The court will want to know whether she voluntarily left her unemployment or was laid off.

If she quit her job and is trying to avoid payment of child support, the court may still impute her full income to her as she may be voluntarily underemployed. Likewise, the court will also consider such factors as to her potential earning capacity and job history.

Also, if your wife remains unemployed for only a short period of time, this may not qualify as a “substantial and continuing” change in circumstances.

Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a mens divorce attorney for financial advice on divorce and any further child support questions.

To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Boulder Divorce Lawyer Maile Kobayashi, please contact Cordell & Cordell.