Q: Ex-wife threatening to argue willful underemployment on my part to dodge child support obligation - will it stand up?
I have an MD but my license to practice has been revoked after chemical dependency concerns, leaving me unable to practice medicine. I am working to get it back but currently make about $18/hr working in the substance abuse treatment industry (as part of my efforts to get my life back on track and regain a medical license). I am requesting child support modification after trying to pay the ordered amount for several years but falling further and further behind every month and left with only $800/mo to live on. My ex-wife threatens that an application for modification will result in her attempting to prove that I am willfully underemployed to avoid paying child support. Meanwhile, she was imputed $10/hr at the time of the order and has subsequently gained employment making around $25/hr but maintains that calculation of her support expectation won't increase. Will her underemployment argument hold up in court, leaving me with the same obligation PLUS new attorney fees?
A: The judge has wide discretion in determining whether or not to modify child support. They also have discretion to impute income if you are willfully underemployed. You aren't going to be able to get a solid answer on this forum. In order to give you advice about your case, an attorney needs to review your current orders, talk to you about your current situation, run some numbers and then they can give you advice.
A: I agree with my colleague, the judge will take a lot of things into consideration when determining of child support changes should be made. You should consult with an attorney who can review the facts of the case and present you with the options and best route to address the situation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
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