Question:
My ex is voluntarily unemployed causing me to pay a huge amount of child support.
Can I modify child support since she is choosing not to work?
Answer:
I do not practice in Florida. Therefore, I cannot inform you as to the specific laws of Florida, but Cordell & Cordell has attorneys who are licensed and located in Florida who would be happy to set up a consultation with you.
If your ex is truly voluntarily unemployed, absent physical or mental incapacity or other circumstances over which she has no control, the court may impute her income to minimum wage or higher in the calculation.
The courts normally look to her employment potential and probable earnings level based upon her recent work history, occupational qualifications, and prevailing earnings level in the community.
However, the court may not recognize she is voluntarily unemployed if the cost of child care would outweigh any potential salary, or if one or more of the children has a special physical or developmental need that makes it necessary she stay home.
Rachel A. Brucks is a Staff Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Brucks is licensed in the state of Texas. Ms. Brucks received her Bachelors degrees in English and Political Science from the University of Texas at Arlington. She received her Masters in Literature and Gender Studies from Texas State University, San Marcos; and received her Juris Doctor from Southern Methodists University, Dallas.
