I’m the custodial parent, and my ex is trying to avoid paying support by reducing their work hours significantly right after our last child support hearing. They’ve gone from full-time to just one day a week, claiming they need to care for their new child with their partner. I’m trying to prove voluntary unemployment and want to know what kind of evidence I need. My lawyer suggested doing a deposition or subpoenaing employment records, but I thought DCSS had access to paystubs. What’s really necessary to make my case?
Your lawyer is correct. You need to prove both ability and opportunity to earn. A vocational evaluation can help demonstrate that.
Consider filing a petition to modify the support order based on assumed income. Ask the judge to make them provide tax returns to verify previous earnings.
DCSS does not have access to private employer records. Document everything non-emotionally, especially any drop in hours after your last hearing. Focus on the child support your kids deserve.
Listen to your lawyer. This isn’t just about past wages; you need to show the current situation isn’t legitimate. DCSS can’t access those records without a court order.
Be cautious. Depending on both of your incomes, you might end up owing them support. Make sure to trust your lawyer’s advice.
Shai said:
Be cautious. Depending on both of your incomes, you might end up owing them support. Make sure to trust your lawyer’s advice.
I’ve calculated everything, and there’s no scenario where I would owe them support. They reduced their hours after finding out they might owe me.
Have your attorney establish a pattern showing the drop in hours. Follow their advice closely.
You know he can earn full-time. The judge will consider if his reasons for part-time work are valid or not.
Subpoena employment records and request tax returns. If your state allows, use interrogatories for further evidence. A deposition might be excessive, but talk to your lawyer about it.
Addison said:
Subpoena employment records and request tax returns. If your state allows, use interrogatories for further evidence. A deposition might be excessive, but talk to your lawyer about it.
Thanks! We’ll likely go with the interrogatories. I’m not sure why they want to hire a vocational consultant—it seems unnecessary.
You need evidence to impute income. It’s not just about what they made before; you need to prove they are purposely making less. Check your state regulations for guidance.