Q: Ex supposedly lost job before our child support hearing. Courts verified his income at last hearing. what will happen no

A: If your ex has claimed to have lost his job before your child support hearing in California, the court will likely investigate the circumstances surrounding his alleged unemployment and assess his current financial situation to determine his ability to pay child support. The fact that the court previously verified his income with his employer suggests they are proactive about ensuring accurate financial reporting. If he has a history of lying about his income, the court may view his claims with skepticism. California courts have the authority to impute income based on a variety of factors, including previous income, employment history, and the availability of similar jobs, if they believe an individual is underreporting income or is voluntarily unemployed or underemployed. The court's primary goal is to ensure that the child support arrangement reflects the parents' ability to pay and meets the needs of the child. Therefore, even if he has lost his job, the court may order him to pay child support based on imputed income, actual earning capacity, or any unemployment benefits he may be receiving. You are unlikely to lose all support simply based on his claim of unemployment, especially if there is evidence suggesting he is capable of earning.

A: The obligor needs to maintain the obligations for child support. However, the loss of a job may give him a reason for seeking modification. The courts will look for reasons for unemployment. If he quits voluntarily, the court can impute the wages to him. The court will consider education, skills, and how much he can earn based on financial resources, including unemployment. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general in nature and may not apply to particular factual or legal circumstances. This information does not establish an attorney-client relationship. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this website without seeking professional counsel. JASINSKA LAW FIRM PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the contents.

A: Under California law, if your ex-spouse has been ordered to pay child support based on his income and he claims to have lost his job, the court may consider his change in circumstances when determining child support payments. However, simply claiming job loss does not automatically absolve him of his child support obligations. The court will likely require him to provide evidence of his job termination and may investigate the circumstances to ensure he is not attempting to evade his financial responsibilities.

If your ex-spouse is found to have intentionally misrepresented his income or employment status to avoid paying child support, he could face serious consequences. The court may impute income to him based on his earning capacity or previous employment history, meaning he could still be obligated to pay child support at a level consistent with his ability to earn. Additionally, if it is determined that he has engaged in fraudulent behavior, he may be subject to penalties, fines, or even contempt of court charges.

It is essential to communicate any concerns about your ex-spouse's financial situation to your attorney and provide any evidence you may have regarding his employment status. Your attorney can advise you on the best course of action and represent your interests in court proceedings. Ultimately, the court's primary concern is the well-being of the child, and it will strive to ensure that appropriate child support arrangements are in place to meet the child's needs.