How does the judge go about determining if one is voluntarily under-employed or un-employed, especially in this economy. My stbx is not paying child support due to $0 income. However, there has been no work now for 3.5 years and many excuses about not being able to finda job. Prior to the layoff, my spouse made >$60k as a network administrator. My spouse currently has the kids every other Friday, Saturday and Sunday night with an optional Wednesday night visit and a mandatory week in teh summer.