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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27256
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Are there any ramifications to the non-custodial parent who

Customer Question

Are there any ramifications to the non-custodial parent who refuses to earn money in order to pay support?
He's 23K behind, finally GOT a tiny job after a year of nothing. CA is garnishing his wages, but it still falls short by 85% each month. Can the court order him to work more? He use to make 6 figures.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Yes, there are consequences. If the court finds that he has the ability to pay support but is willfully not paying it, it can find him in contempt of court. Being in contempt of court could mean jail time for him for not paying child support. Of course, you would need to show that he intentionally has failed to work and find employment, to avoid paying and he would be required to show proof that he has applied for work but can not get hired.

Customer: replied 1 year ago.
how would I prove that he has failed to find work? By providing years of his past work evidence (tax forms)? What does the court see as "evidence of failure to obtain work?" And what is the form I'd need to fill out at the court to get this in front of the judge?
Thank you.
Expert:  FamilyAnswer replied 1 year ago.

The burden would be on him to show he has made an effort to find work. This would be the justification to show why he has failed to pay and why the Judge should not hold him in contempt and jail time. It is clear he is not paying support and there are arrears, so the Judge is going to want to know what he has been doing. The clerk has a form to hold him in contempt, which you can obtain

Expert:  FamilyAnswer replied 1 year ago.

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