Child Support & Self Employment income "potential"


#1

I was just awared full (primary) custody of my daughter this week. My attorney advised me to contact DSS to seek child support.

My ex is self-employed and “claims” he does not have much work. I have proof of his income from Jan - June 2009 which was over $30,000 having ONLY worked 31 days during that timeframe. (He only worked 31 days by his “choice”). I know there is work available to him now…he is just choosing not to work to prevent having to pay child support.

Can DSS use his “potential” earnings as a guideline? Or will they just take his word that he is not working?

Just wondering how this all works when dealing with self-employment and a lying ex.

Thanks!


#2

The court may impute income to a party who is found to be voluntarily depressing their income.


#3

What does the court use to determine if one is voluntarily suppressing income and/or not working versus one who legitimately cannot find work in the bad economy. My stbx supposedly cannot find work and I am having a hard time believing this after his years of unemployment.


#4

The court will look to any an all evidence presented regarding whether a party is voluntarily suppressing their income. Examples would include, the circumstances of termination of employment, education, previous work history, and documentation that the party is actively seeking employment.