• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Childsupport when a parent refuses to work

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



I live in Pa.I have taken my ex wife for support of our two children ,but she doesn't work and refuses to get a job.The local Domestic relations office tells me if she has no income she doesn't have to pay.Is this true'or can I push this further without a lawyer?I have full custody'the only visitation she gets is at my discrestion and is supervised. Oh'and she was just released from county prison and is curently on probation.Soshouldn't she have to work anyway??? Thank you.


Senior Member


RULE 1910.16-5. Support Guidelines. Operation.

(c) Reduced or Fluctuating Income.

1. Voluntary Reduction of Income. Where a party voluntarily assumes a lower paying job, there generally will be no recomputation of the support payment. A party ordinarily will not be relieved of a support obligation by voluntarily quitting work or by being fired for misconduct.

2. Involuntary Reduction of Income. No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income.

3. Seasonal Employees. Support orders for seasonal employees, such as construction workers, shall ordinarily be based upon a yearly average.

4. Bonuses. Bonuses which are received in addition to periodic compensation may be annualized and included in the party's net monthly income. The treatment accorded bonuses should be considered carefully, particularly in times of economic difficulty.

<b>5. Income Potential. Ordinarily, a party who willfully fails to obtain appropriate employment will be considered to have an income equal to the party's earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. </b>


Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential