Asked in Family Law for Georgia

Q: Can a non-custodial parent be court-ordered to seek employment?

We are in Georgia....and so is he.

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1 Lawyer Answer
Eric J. Garber
Eric J. Garber
  • Augusta, GA
  • Licensed in Georgia

A: No, but the non-custodial parent can be found to have been intentionally underemployed/unemployed. Whether the non-custodial parent is intentionally underemployed/unemployed is a factual question that the Judge will have to determine, based in part upon the non-custodial parent's past/present employment, their education/training, and whether underemployment/unemployment is reasonable under all relevant circumstances (such as if the non-custodial parent is unemployed/underemployed due to work-availability issues, higher education enrollment, health issues, etc.). If the non-custodial parent is indeed found to be intentionally underemployed/unemployed, the Court may base their child support obligations on the income that they SHOULD be earning, as opposed to what they are actually earning. This is a very complicated area of law, however, and you should seek advice from an experienced family law attorney in your area to get a better understanding of the law's application to your specific factual scenario.

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