Q: DCSS is involved they find his employer and estimated his earnings but he just stop working again 1 week before court.
DCSS has been involved in my case since March 2018 my ex is self contracted that works union Dcss has found him working for multiple companies in the past nine months averaging $10,000 per month we have a Dcss hearing in one week he is now claiming he’s injured and can’t work but he hasn’t provided any child support or support at all in the month of his earnings what do they do at this Point he’s had the ability to pay for months and chose not to he’s now again not working conveniently before our court hearing to discuss support will they make him pay child support for the months he didn’t and he made money? He’s even bought himself a brand new Chevy Silverado while me and the children struggle to get by. Will the court see through his tacktic and he’s just avoiding paying support. Please help what the protocol for these kind of situation?
A: If there is an existing child support order, it will be enforced for the past months even if he wasn't working. In other words, he needs to file a motion to modify child support if he wants to lower it. In DCSS cases, the judge has a lot of options. For one, he or she can "impute" income to the father if there's enough evidence regarding ability to work and opportunity to do. And/or two, the court can order the father to make job contacts and set a review hearing. The DCSS could also file a motion to take away his driver's license.
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