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Can the court order a custodial parent to seek employment?

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DubyaHolmes

Junior Member
What is the name of your state (only U.S. law)? Wisconsin


My question is if the courts can force a custodial parent to seek employment if they are on public assistance, refuse to work and have a college education?
 


Isis1

Senior Member
Nope. It is unconstitutional to force anyone to work. However, the custodial parent can be inputted an income if the custodial parent is not employed.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Wisconsin


My question is if the courts can force a custodial parent to seek employment if they are on public assistance, refuse to work and have a college education?


No.

The court can impute an income to the custodial parent, however.

This would generally be at least minimum wage.
 

DubyaHolmes

Junior Member
Thanks for the replies.
Also Proserpina I love your sig as I'm a fan myself. I prefer "Courage is the most important of all the virtues, because without courage you can't practice any other virtue consistently. You can practice any virtue erratically, but nothing consistently without courage.".
 

nextwife

Senior Member
No.

The court can impute an income to the custodial parent, however.

This would generally be at least minimum wage.

And if they are college educated, I'd push for more than Minimum wage. And as a WI taxpayer, I'd sure hope they'd severely limit welfare benefits for able bodied slugs who won't help support themselves, (or their kids). I sure don't want to go to work to support THEM.
 

formerNCM

Member
What is the name of your state (only U.S. law)? Wisconsin


My question is if the courts can force a custodial parent to seek employment if they are on public assistance, refuse to work and have a college education?
Don't know what the law is in Wisconsin, but in certain counties of NY State Family Court judges WILL order such an individual to seek employment AND show PROOF that said individual is either actively seeking employment or actively seeking the training to do so.
 

CourtClerk

Senior Member
Don't know what the law is in Wisconsin, but in certain counties of NY State Family Court judges WILL order such an individual to seek employment AND show PROOF that said individual is either actively seeking employment or actively seeking the training to do so.
A CUSTODIAL parent? Who is seemingly already providing some support for the child? Really?
 

Monte86

Member
A CUSTODIAL parent? Who is seemingly already providing some support for the child? Really?
Just because they are custodial doesn't always mean they are supporting the child.....living off the government and or/other people is entirely possible.
 

formerNCM

Member
Just because they are custodial doesn't always mean they are supporting the child.....living off the government and or/other people is entirely possible.
Case in point: I know someone (hint hint) who isn't living of of the govmt but gets alimony aka "rehabilitative maintenance" , has been out of the workforce for around 20 years and was told that "she" has to be able to show that she is making a good faith effort to be able to enter the workforce. The goal is that said parent (ahem) will contribute to the child's support with more than the alimony she gets from the child's father. ;)
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Wisconsin


My question is if the courts can force a custodial parent to seek employment if they are on public assistance, refuse to work and have a college education?
In many states, they can force someone to SEEK employment. They can't make them actually take a job, but if there are jobs available and they refuse to take one, they can be penalized.

Think about unemployment insurance. Most states require the person to be actively seeking employment. If a job is offered, the state can't make you take the job, but they can cut off benefits if you decline. I suspect it would be about the same - if the person refuses to take a job for no good reason, the state could probably cut off benefits. Or if the person refuses to look for a job, they may be able to cut off benefits.

There's a fine, but fairly clear line between "you HAVE to take this job" and "you don't have to take this job, but if you don't, we're not giving you any more benefits".
 

WebDeveloper64

Junior Member
I have a similar situation. We have 50/50 custody, I have them more than half the time. She got to the courts first, so somehow I am the NON-custodial parent, and the Obliger....

She collects money for the kids, and refuses to work. She called the kids from the beach today as I was driving them from school just after leaving one job, to go to the next one.

How is this equitable? They can make the parent paying support seek work, but what about the parent collecting? If had the kids full time, or even most of the time, I can see this.. but this is NOT the case.

We need reform here.

How can I change the court documents so that I am the custodial parent?

How can I be the Obligee?

Can I just go put in an order in to collect child support?

Help please.
 

Proserpina

Senior Member
I have a similar situation. We have 50/50 custody, I have them more than half the time. She got to the courts first, so somehow I am the NON-custodial parent, and the Obliger....

She collects money for the kids, and refuses to work. She called the kids from the beach today as I was driving them from school just after leaving one job, to go to the next one.

How is this equitable? They can make the parent paying support seek work, but what about the parent collecting? If had the kids full time, or even most of the time, I can see this.. but this is NOT the case.

We need reform here.

How can I change the court documents so that I am the custodial parent?

How can I be the Obligee?

Can I just go put in an order in to collect child support?

Help please.


Please start your own thread :)
 

KmanStuck

Member
No.

The court can impute an income to the custodial parent, however.

This would generally be at least minimum wage.
Yes, income potential is the question the court would answer, not actual income. Of course the court could always say the person is not employable at all .. thats why he's the judge.
 

Proserpina

Senior Member
Yes, income potential is the question the court would answer, not actual income. Of course the court could always say the person is not employable at all .. thats why he's the judge.


...and we're not responding to 5-month old threads where the OP hasn't returned.

Please let WebDeveloper start his own thread, and stop responding to this one.

Thanks!
 

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