Legal Question in Family Law in Virginia

Can you force someone to work

I receive child support from my daughters mother. My daughter has lived with me and my wife since she was 2 years old...we have full custody. My daughters mother, when she was working was ordered to pay $300/month. She since then has had several operations and was only receiving minimal pay from work so the judged reduced the amount to $150/month. She has for the last 6 months been released to go back to work but refuses to get a job because she is comfortable with her payments. Can we take her back to court and ask that the judge demand her to find work to increase child support?


Asked on 10/26/04, 4:36 pm

2 Answers from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: Can you force someone to work

Yes you can. The circumstances have changed, and she may be entitled to less support now that she can return to work.

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Answered on 10/26/04, 5:14 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can you force someone to work

If a parent is deliberately unemployed or underemployed through his or her deliberate design to avoid having to pay her/his fair share of the total child support obligation, upon a proper showing that this in fact is the case, the judge may impute income to the malingering party

and, accordingly, incorporate the imputed amount

in the child support order which the slacker parent will be obligated to pay.

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Answered on 10/26/04, 6:32 pm


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