In the eyes of the law, both parents must support their children financially, regardless of their relationship status. But if you and your partner are no longer together, then the parent with the least amount of custody typically must pay the other parent child support to ensure the child’s well-being.
Unfortunately, some noncustodial parents try to get out of this responsibility by intentionally being unemployed. If your coparent is guilty of this, here are some important things you need to know.
Does an unemployed parent need to pay child support?
Short answer: Yes. Unemployment is not an excuse to skip child support payments, especially if the court deems that the parent is deliberately avoiding work.
The unemployed parent will have to pay a child support amount determined by the court. This amount is based on their earning potential, which, in turn, is calculated with job experience and skills in mind.
If the parent only has a part-time job, the court may adjust the child support payments. This is especially true if something is limiting their ability to work, such as a disability or illness. However, if the parent is capable of working full-time but is only working part-time, they may be considered voluntarily underemployed.
What if the parent is unemployed because of a disability or retirement?
A parent who is nearing retirement or is living with a disability may still be responsible for child support payments. The court may consider disability or retirement benefits as employment income.
If this is the case, the government may garnish their retirement or disability funds to pay child support and other legal obligations. However, adjustments are possible based on the parent’s disability, age and income-earning potential.
What if the other parent suddenly loses their job?
If your coparent suddenly loses their job due to termination or layoff, the court may pause child support payments to allow them to find a new job. The good news is that the pause is not indefinite, and their obligation will continue as soon as they secure new employment.
There are many laws protecting the rights of a custodial parent, particularly when it comes to safeguarding your financial stability. With the right legal counsel by your side, you can make sure your child receives the support they need to grow in a safe and healthy environment.