Perhaps you have already gone through one of the most difficult parts of your divorce: the child support hearing. A time that you may have dreaded, wondering if your case would be treated fairly and you would get the results you were hoping for, you’re now feeling relaxed and ready to move forward. But then you receive letters in the mail that your ex-spouse is in need of a modification. You wonder what could have happened to their job or lifestyle that warrants the change.
When you arrive at the hearing, you find out that you ex is claiming that they lost their job. However, somebody told you that they are not actually out of work – they are just working under the table and refusing to report it. Without proof, you wonder how you can show the court and not have child support reduced. You may wonder how these cases work, and today we will help.
Voluntary Impoverishment
Voluntary Impoverishment could happen for a variety of reasons and apply to many different circumstances. Some people will lie about being out of work, and some will voluntarily leave their jobs and reduce their lifestyle just to get out of paying for child support in full. Provided that you actually have a child support order in place, child support enforcement will take your case very seriously. They consider a variety of aspects, like your ex-spouse’s employment history and financial records to determine what should be paid, and they do not prefer to stray from that.
The way that the court gets around this issue is by considering all of these elements, including the physical condition of your ex and their level of education, and they will determine the potential income your ex could earn. From there, they will impute their income, which means basing child support on what they believe your ex could earn in the future. It is illegal to lie to the IRS and child support enforcement about working, so they will have to find work that will ensure you are receiving support.
Though this process can be time-consuming and stressful, you have help on your side. We would love to hear from you about your case so we can answer all of your questions concerning your unique child support case. Call us as soon as possible.
