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Willful under employment to receive more child support

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LVCaveman

Junior Member
Is is possible to challenge the amount a spouse receives based on willful unemployment? My ex refuses to get a full time job. She only works 25 hours a week and struggles with money and so she depends on the child support to make her bills. She is fully capable to get and work a full time job. She just does not want too. Thanks.
 


Zigner

Senior Member, Non-Attorney
Is is possible to challenge the amount a spouse receives based on willful unemployment? My ex refuses to get a full time job. She only works 25 hours a week and struggles with money and so she depends on the child support to make her bills. She is fully capable to get and work a full time job. She just does not want too. Thanks.
You failed to list the name of your US state, as requested. It's important, as each state handles CS calculations differently and her earnings might not even matter.

If she goes from working 25 hrs per week to 40 hrs per week, then her childcare costs are liable to go up, possibly to the point that it actually costs her money to work full time. Are you willing to pony up the difference?
 

LVCaveman

Junior Member
You failed to list the name of your US state, as requested. It's important, as each state handles CS calculations differently and her earnings might not even matter.

If she goes from working 25 hrs per week to 40 hrs per week, then her childcare costs are liable to go up, possibly to the point that it actually costs her money to work full time. Are you willing to pony up the difference?
Sorry I meant to add my state. It's Nevada.

A little more detail is there is 1 child and is old enough that child care is not an issue. We have joint custody so is at my house half time. Is there a minimum income that Nevada takes into account for spouses to figure child care?

Thx.
 

cbg

I'm a Northern Girl
I'll just point out that wanting a full time job and getting a full time job are two different things. There has to be an employer willing to pay for full time hours and those aren't always gettable just for the asking.
 

HRZ

Senior Member
I don't know beans about divorces...but I suspect it's not entirely easy to prove a person is voluntarily under employed ...and the burden of proof is going to start with you. YOu can ask court to impute her earnings based on say 37.5 hr week ...but you may bear burden to show such jobs as hers are somewhat available etc....merely to call her lazy is going to backfire ..IMHO.
 

Zigner

Senior Member, Non-Attorney
I think the hardest thing may be showing that she's any less employed now than she was when they were married.
 

not2cleverRed

Obvious Observer
Is is possible to challenge the amount a spouse receives based on willful unemployment? My ex refuses to get a full time job. She only works 25 hours a week and struggles with money and so she depends on the child support to make her bills. She is fully capable to get and work a full time job. She just does not want too. Thanks.
Are you paying guideline support, based on an imputed wage for her?

Have you actually run the numbers to see what difference, if any, there would be?
 

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