Q: Ex quit job (again) prior to a custody\child support trial.
Each time there is a child support hearing my ex quits their job. Prior to 2017, this action has allowed them to obtain more child support. In 2017, they were deemed voluntarily underemployed. Due to other circumstances the children now reside with me on a temporary order and I've motioned to extend the TO to a permanent order. During the time our children resided with me, my ex paid under the recommended child support claiming to be unemployed and I agreed to the terms because I thought they were, discovered they were working for at least 8 months and now 2 weeks before trial they quit their job. (I think they plan on living off their inheritance this time) Will this hurt my chances of a permanent order to continue the children's home base to be with me? My original plan was to show how well the children have done (mentally and academically) residing primarily with me and that I can provide a structure and stable environment for the children (ages 11-16).
A: If your former spouse voluntarily quit his or her job, the court can impute income to him or her. If you are providing the children with a loving and stable home, the court may not want to remove the children from it. The court encourages stability of environment for the children.
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