Can a judge force a person to get a job?

[Mike_Knight]

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

I often like to look through online court records and was reading the details of a divorce case and it seemed at some point the judge decided the ex-husband was not in compliance with the child support because his employer indicated he quit his job. Can a judge order someone to work against their will and if so isn't that slavery which is a violation of the 13th amendment?

 

[stealth2]

Can't force him to get a job. But there will be consequences if he doesn't pay support as a result.

 

[nextwife]

More to the point, a judge can't order EMPLOYERS to hire him. So, even if a judge can potentially order he or she to seek employment, they have no control over employers selecting them.

 

[commentator]

And you know, there certainly can be sanctions against people who "voluntarily quit" jobs. Because that was not the employer's choice, not due to circumstances beyond their control, but that was their choice to leave the job. And it could be they said something like, "I will NOT pay child support! I'll quit my good job instead, so they can't get it out of me!"

If you are in a terrible job you hate, and you have regular child support obligations, it would behoove you to find another job to go to before you quit the one you have. This isn't slavery, this isn't forcing you to stay in a job you hate, this is just making you keep complying with your child support obligations.

 

[Alex1176]

And you know, there certainly can be sanctions against people who "voluntarily quit" jobs. Because that was not the employer's choice, not due to circumstances beyond their control, but that was their choice to leave the job. And it could be they said something like, "I will NOT pay child support! I'll quit my good job instead, so they can't get it out of me!"

If you are in a terrible job you hate, and you have regular child support obligations, it would behoove you to find another job to go to before you quit the one you have. This isn't slavery, this isn't forcing you to stay in a job you hate, this is just making you keep complying with your child support obligations.

No, sir, it is slavery because you must find a job in that salary range as the job you hate.
Let's say John is an R.N. and earns 8k a month. The CS is about 2k for one child. Now, for example, John finds after few years that he hates this job, the night shifts, the crazy patients, etc. He wants to work as a 9-5 clerk in an office for 2k.
Now, the judge comes and says, no no no my dear, you must work at that job that you hate (practically there are no jobs with 8k a month in this economy that you can get instantly,and the judge will impute income based on potential income of the R.N.), because you need to pay 2k, and if not, you will lose your DL, passport, bank account, and can even go to jail.
So it is slavery because John forced to work as an R.N.

 

[Antigone*]

A judge may not be able to "force" the hubby to get a job bue he can certainly impute income when it comes to making a determination.

 

[mistoffolees]

No, sir, it is slavery because you must find a job in that salary range as the job you hate.
Let's say John is an R.N. and earns 8k a month. The CS is about 2k for one child. Now, for example, John finds after few years that he hates this job, the night shifts, the crazy patients, etc. He wants to work as a 9-5 clerk in an office for 2k.
Now, the judge comes and says, no no no my dear, you must work at that job that you hate (practically there are no jobs with 8k a month in this economy that you can get instantly,and the judge will impute income based on potential income of the R.N.), because you need to pay 2k, and if not, you will lose your DL, passport, bank account, and can even go to jail.
So it is slavery because John forced to work as an R.N.

No, it's not slavery. John can do all sorts of things to make money. He could, for example, dip into savings. He could sell personal belongings on eBay. He could work 2 jobs.

The point is that he's earning a certain amount - and that's what child support is based on. If he wants to take a lower paid job, he's free to do so, but can't walk away from his obligations.

Let's say I was making $100 K and had a $300 K mortgage with a bank and the payments were $2,000 per month. Now, I get tired of my job or my boss is mean to me or whatever and I decide I don't want to work there any more. It sure looks like an easy job to be a greeter at Walmart - for $8 per hour. Do you really think the bank is going to let me off the hook for my mortgage simply because I chose to work as a greeter at Walmart? Not bloody likely.

Child support is every bit as important an obligation as your bank obligations (more important, in my view). You can't just walk away from your obligations.

 

[!CuriousGeorge!]

No, sir, it is slavery because you must find a job in that salary range as the job you hate.
Let's say John is an R.N. and earns 8k a month. The CS is about 2k for one child. Now, for example, John finds after few years that he hates this job, the night shifts, the crazy patients, etc. He wants to work as a 9-5 clerk in an office for 2k.
Now, the judge comes and says, no no no my dear, you must work at that job that you hate (practically there are no jobs with 8k a month in this economy that you can get instantly,and the judge will impute income based on potential income of the R.N.), because you need to pay 2k, and if not, you will lose your DL, passport, bank account, and can even go to jail.
So it is slavery because John forced to work as an R.N.

Ahhh, the old I'll take a job for lower pay so my CS goes down act.

This does not work because the courts can decide not to take your actual earnings into account but your actual full potential for earnings.

 

[Artemis_ofthe_Hunt]

No, sir, it is slavery because you must find a job in that salary range as the job you hate.
Let's say John is an R.N. and earns 8k a month. The CS is about 2k for one child. Now, for example, John finds after few years that he hates this job, the night shifts, the crazy patients, etc. He wants to work as a 9-5 clerk in an office for 2k.
Now, the judge comes and says, no no no my dear, you must work at that job that you hate (practically there are no jobs with 8k a month in this economy that you can get instantly,and the judge will impute income based on potential income of the R.N.), because you need to pay 2k, and if not, you will lose your DL, passport, bank account, and can even go to jail.
So it is slavery because John forced to work as an R.N.

Get a grip. Seriously. No one can force anyone to work... BUT they can impose sanctions if court orders aren't abided by. Seriously. Get a grip.