Legal Question in Family Law in California
If ex husband had judge modify child support payments due to being unemployed. Can ex wife threaten to take to court again for attorney to make ex husband get a job after 2years. he has been paying what judge said and medical and dental for children. but because he wont pay for cell phones and hes had hard time getting a job. she is telling him her attorney can make him get a job after 2yrs unemployed. How is that? an employer will hire if they want, you cant make someone get a job, thats impossible if no one will hire you.
1 Answer from Attorneys
They cannot make you get a job, but they can issue a "find work order" that provides you must demonstrate to the court that you are actively looking for work by reporting your efforts on a regular basis. If you do not make the efforts the court orders, or do not make the reports the court requires, the court can recalculate support based on what the court determines you COULD be earning if you had actually tried your best to find work. It is called "imputing" income. The court can also impute income if you could be working and choose not to in order to do something else, like follow you dream to be an artist or something.
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