My Ex Quit Their Job to Avoid Paying Child Support – What Can I Do?

If you’re a parent relying on child support payments, it’s disheartening and terrifying when your ex quits their job to avoid that obligation. Suddenly, you’re left worrying about how you’ll provide for your kids without that crucial financial support.

At Okoye Law, we’ve guided countless custodial parents through this heartbreaking scenario. We know the anger, fear, and powerlessness you’re likely feeling. Let’s walk through what you need to know and do, step by step, to protect your children’s well-being and secure the support they deserve.

Child Support Obligations in South Carolina

Child support is not optional. When that court order is put in place, it creates a legal duty for your ex to financially support your children, regardless of their employment status.

So even if your ex quits his job or takes a lower-paying position on purpose, they’re still obligated to make those child support payments. They can’t just decide to stop supporting their kids because they don’t feel like working.

It’s helpful to think of child support as a reflection of a parent’s inherent responsibility to their children. The court’s role is to quantify that responsibility based on:

• Each parent’s income and assets
• The children’s needs
• The custody arrangement

One parent can’t just opt out of that responsibility by refusing to work.

Voluntary Unemployment and Imputed Income

When a parent intentionally quits their job or becomes underemployed to avoid paying child support, the legal term is “voluntary unemployment” or “underemployment.” And South Carolina law has specific provisions to address this situation.

Section 114-4720(A)(5) of the South Carolina Code of Regulations states:

If the court finds that a parent is voluntarily unemployed or underemployed, it should calculate child support based on a determination of potential income which would otherwise ordinarily be available to the parent.

This means that if the court determines your ex quit their job or took a lower-paying position primarily to avoid paying child support, the court can “impute” income to your ex. Essentially, the court can calculate child support based on what your ex should be earning, rather than what they’re choosing to earn.

To determine imputed income, the court will consider factors like your ex’s:

• Employment history
• Education and job skills
• Local job market and available opportunities
• Assets and resources

The burden is on your ex to show that their job change was motivated by factors other than a desire to reduce child support.

Dealing with Voluntary Unemployment

If your ex has quit their job and stopped paying child support, you have several enforcement options:

1. File a Contempt Action: If your ex is behind on payments, you can ask the court to hold them in contempt. Consequences may include fines or even jail time until they get current.
2. Request a Wage Garnishment: The court can order your ex’s employer to withhold child support directly from their paychecks. If your ex is working under the table to avoid this, the court may demand proof of their income.
3. Get Help from Child Support Services: Your local Child Support Services office can help locate your ex, serve them with legal documents, and set up automatic payments from their bank accounts or tax refunds.
4. Seek a Modification: If your ex’s voluntary unemployment is ongoing, you may need to ask the court to modify the child support order and impute income. This ensures the payment reflects what your ex should be contributing.

Navigating enforcement on your own can be daunting, especially when you’re already dealing with the financial and emotional aftermath of your ex’s actions. Having a skilled family law attorney on your side can make a world of difference.

When Circumstances Legitimately Change

While we’re focusing on situations where an ex deliberately reduces their income, there are times when a job change may warrant a legitimate modification of a child support order.

For example:

• If your ex was laid off and can only find a lower-paying job despite their best efforts, the court might temporarily reduce their support obligation.
• If you’ve had a significant change in circumstances, like a big raise or a change in custody, you may need to modify the order to keep it fair.

Any time the court considers a modification request, their north star will be your children’s best interests. They’ll want evidence of the changed circumstances and to understand how the proposed modification will impact your kids.

If a modification is on the table, having a knowledgeable family law attorney to help you gather documentation, make your case, and protect your children’s interests is invaluable.

Keeping the Focus on Your Children

At the end of the day, child support is about making sure your children have the financial resources to thrive. When a parent tries to dodge that responsibility, it’s the kids who suffer most.

As the parent who has stepped up, you have every right to take legal action to hold your ex accountable and protect your children. Being proactive about enforcement and working with a skilled attorney can minimize the damage caused by your ex’s choices.

Remember, you’re not alone in this. At Okoye Law, we’re here to guide and advocate for you at every turn.

Discuss Your Case with an Experienced Attorney

If your ex has quit their job to avoid paying child support, please know that you don’t have to navigate this stressful time by yourself. The dedicated family law team at Okoye Law is here to fight for you and your children.

We have extensive experience handling complex child support cases, including those involving voluntary unemployment. We can:

• Evaluate your unique situation
• Explain your legal rights and options under South Carolina law
• Stand by your side as you enforce the child support order
• Work to hold your ex accountable

You and your children shouldn’t have to struggle because your ex is shirking their responsibilities. Contact Okoye Law today for a confidential consultation. Together, we’ll fight to secure the support your family needs to move forward.