When Your Ex Avoids Child Support By Quitting

It’s frustrating when you suspect your ex is deliberately avoiding their financial obligations. Some parents think they can quit their jobs or take a lower-paying position to reduce child support payments. California courts see through this strategy, and they’ve got tools to address it. When a parent voluntarily reduces their income, the court doesn’t just accept the lower earnings at face value. Instead, judges can assign what’s called “imputed income” based on what that person is actually capable of earning. This means the support calculation uses their earning potential, not their current paycheck.

How Do Courts Determine Earning Capacity?

California Family Code Section 4058 gives judges the authority to look beyond someone’s reported income. The court examines several factors to figure out what a parent should reasonably be earning:

• Work history and previous salary levels
• Education, training, and professional licenses
• Current job market conditions in their field
• Age and health status
• Time spent caring for children (if applicable)

If your ex was making $80,000 as an accountant and suddenly took a part-time retail job making $25,000, the court will likely question that choice. A San Francisco Child Support Lawyer can help you present evidence showing your ex’s true earning potential.

How Do I Prove My Ex Is Unemployed On Purpose?

You’ll need to show the court that your ex’s reduced income wasn’t due to circumstances beyond their control. Getting laid off during a recession is different from quitting a stable job without a legitimate reason. Documentation matters here. Pay stubs from their previous employment, LinkedIn profiles showing their qualifications, and job postings for similar positions all help build your case. Sometimes it’s worth hiring a vocational evaluator who can testify about realistic earning potential in your ex’s profession. The burden of proof sits with you initially, but once you’ve shown your ex had a higher earning capacity, they need to explain why they can’t meet it anymore. “I just wanted a less stressful job” typically won’t cut it when kids need financial support.

What About Unemployment By Choice?

Voluntarily quitting without another job lined up rarely works in someone’s favor. Courts recognize that parents have an obligation to support their children, and that means maintaining employment to the best of their ability. There are legitimate reasons for career changes. Going back to school for a degree that’ll increase long-term earning potential might be acceptable. Taking time off to address a serious medical condition makes sense. But these situations require documentation and court approval, not unilateral decisions.

How Long Does Imputed Income Last?

The court won’t impute income indefinitely if someone genuinely can’t find work in their field. Your ex needs to show they’re actively searching for appropriate employment. That means applying to jobs, attending interviews, and accepting reasonable offers. A San Francisco Child Support Lawyer can request that your ex provide proof of their job search efforts. If they’re not seriously looking, the imputed income continues. If they’re making genuine efforts but the market’s tough, the court might eventually adjust the amount.

How Can I Take Action When Support Stops?

Don’t wait if your ex quits their job and stops paying support. File a motion with the court as soon as possible. Support arrears add up quickly, and you’ve got bills to pay now. Attorney Bernie has helped many parents dealing with this exact situation. The legal system offers real remedies when someone tries to game the system by hiding income or refusing to work. Document everything related to your ex’s employment changes. Save social media posts showing expensive purchases or vacations that don’t match their claimed income level. Keep records of missed payments. This evidence strengthens your position when you ask the court to impute income. Getting the support your children deserve shouldn’t require you to accept manipulation. California law recognizes that parents can’t simply opt out of their financial responsibilities by choosing unemployment or underemployment. The courts have both the authority and the willingness to hold people accountable for supporting their kids.