# Child Support & Self Employment income "potential"

**URL:** https://forum.rosen.com/t/child-support-self-employment-income-potential/9703
**Category:** Divorce and Separation Answers
**Created:** [February 12, 2010, 4:16pm UTC](https://forum.rosen.com/t/child-support-self-employment-income-potential/9703 "2010-02-12T16:16:44Z")
**Posts on this page:** 4
**Page:** 1

<div class="post-metadata">

### Author: ![lawquestions](https://avatars.discourse-cdn.com/v4/letter/l/5f8ce5/32.png) [@lawquestions](https://forum.rosen.com/u/lawquestions)
#### Post date: [February 12, 2010, 4:16pm UTC](https://forum.rosen.com/t/child-support-self-employment-income-potential/9703/1 "2010-02-12T16:16:44Z")

</div>

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!

---

<div class="post-metadata">

### Author: ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)
#### Post date: [February 12, 2010, 4:34pm UTC](https://forum.rosen.com/t/child-support-self-employment-income-potential/9703/2 "2010-02-12T16:34:28Z")

</div>

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

---

<div class="post-metadata">

### Author: ![whyme2009](https://avatars.discourse-cdn.com/v4/letter/w/b77776/32.png) [@whyme2009](https://forum.rosen.com/u/whyme2009)
#### Post date: [February 16, 2010, 9:10pm UTC](https://forum.rosen.com/t/child-support-self-employment-income-potential/9703/3 "2010-02-16T21:10:39Z")

</div>

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.

---

<div class="post-metadata">

### Author: ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)
#### Post date: [February 17, 2010, 4:57pm UTC](https://forum.rosen.com/t/child-support-self-employment-income-potential/9703/4 "2010-02-17T16:57:06Z")

</div>

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.
