My Ex Quit Their Job and is Avoiding Child Support—What Can I Do?

It’s a frustrating and unfortunately common scenario: your ex-partner suddenly quits their job, takes a much lower-paying position, or claims they can’t find work—all while their child support payments shrink or stop completely. If you’re facing this situation, you’re likely wondering if your ex’s behavior constitutes avoiding child support and what you can do about it.

At Vollrath Law, we understand how challenging this situation can be for custodial parents trying to provide for their children. The good news is that Florida law has mechanisms in place to address parents who intentionally reduce their income to minimize child support obligations.

Voluntary Unemployment or Underemployment in Florida Child Support Cases

Florida takes child support obligations seriously. When a parent appears to be voluntarily unemployed or underemployed, the court can “impute” income to that parent—essentially assigning them an income based on what they could be earning if they were fully employed according to their capabilities.

According to Florida Statute 61.30(2)(b):

“Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control.”

This means that if your ex-partner has deliberately reduced their income to avoid paying child support, the court can calculate child support based on what they should be earning, not what they’re actually earning.

Signs Your Ex May Be Avoiding Child Support Obligations

How can you tell if your ex is intentionally avoiding child support? Here are some common red flags:

• Suspicious timing: They quit or change jobs shortly before or after a child support order is established
• Working “under the table”: They take cash-only jobs to hide income
• Claiming unemployment: They insist they can’t find work despite having marketable skills and a solid employment history
• Refusing better opportunities: They decline promotions or better-paying positions
• Hidden assets or income: They appear to live beyond the means of their reported income
• Transferring assets: They move property or money to friends, new partners, or family members
• Starting a business: They open a business that mysteriously “doesn’t make money” despite appearing successful
• Excessive deductions: They claim unusual business expenses or deductions to reduce reportable income

If you’ve noticed any of these patterns, it may be time to take action.

Legal Steps You Can Take When Your Ex is Avoiding Child Support

1. Request a Modification Based on Imputed Income

If you believe your ex is voluntarily unemployed or underemployed, you can petition the court to modify the child support order based on imputed income. Under Florida law, the court will examine:

• Your ex’s recent work history
• Their occupational qualifications and skills
• The prevailing job opportunities in your area
• Their education level and ability to work

To successfully argue for income imputation, you’ll need to demonstrate that:

1. The unemployment or underemployment is voluntary
2. Your ex has the capability to earn more
3. Suitable jobs are available in the area

Remember, the burden of proof is on the party seeking to impute income—which in this case would be you. You’ll need to present “competent, substantial evidence” showing that your ex could be earning more.

2. Use the Income Presumption

If your ex fails to participate in the child support proceeding or doesn’t provide adequate financial information, Florida law creates a rebuttable presumption that they earn at least the equivalent of:

“the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of Census.”

This means the court can assign your ex an income at the median level for full-time workers if they refuse to cooperate with the court process.

3. Request Income Verification and Discovery

Your attorney can use legal discovery methods to verify your ex’s true financial situation, including:

• Requesting tax returns and financial statements
• Subpoenaing employment records
• Obtaining bank statements
• Conducting depositions
• Requiring your ex to complete a financial affidavit under oath

These tools can help uncover hidden income or assets that should be considered in the child support calculation.

4. Report Suspected Fraud to the Department of Revenue

Florida’s Department of Revenue Child Support Program can sometimes help investigate cases where a parent is suspected of hiding income or assets to avoid paying child support. They have resources to track down employment information and unreported income.

5. Consider Contempt Proceedings

If your ex is willfully violating an existing support order, you may be able to file a motion for contempt. This is particularly effective if there’s evidence that they have the ability to pay but are choosing not to.

What You’ll Need to Prove Income Imputation in Court

To successfully argue that the court should impute income to your ex, be prepared to gather evidence such as:

• Their employment history and resume
• Past tax returns showing previous earning capacity
• Evidence of their education, training, and qualifications
• Documentation of their lifestyle that contradicts claimed income
• Testimony from employers or coworkers about their skills and capabilities
• Job postings in your area for positions matching their qualifications
• Expert testimony regarding earning potential in their field

The stronger your evidence, the better your chances of successful income imputation.

Limitations on Income Imputation

It’s important to note that not all unemployment or underemployment justifies income imputation. Florida law specifically addresses situations where income should not be imputed:

• When a parent is physically or mentally incapacitated
• When unemployment is beyond the parent’s control
• When a parent needs to stay home with the child who is the subject of the support calculation
• When income records are more than 5 years old
• When the suggested income is at a level the parent has never earned before (unless they recently obtained new qualifications)

Additionally, income cannot be imputed based on income from jobs that would require relocation if that would interfere with the parent’s time-sharing schedule.

Recent Changes to Florida’s Income Imputation Law

In recent years, Florida has refined its income imputation standards to require more specific evidence. Now, the party seeking imputation must present competent, substantial evidence that:

1. The unemployment or underemployment is voluntary, and
2. Identifies the amount and source of the imputed income through evidence of available employment for which the parent is qualified

This higher standard means you’ll need solid documentation and possibly expert testimony to successfully argue for income imputation.

When Your Ex is Legitimately Struggling

It’s also important to distinguish between a parent who is maliciously avoiding child support and one who is genuinely struggling financially. Courts recognize that job losses happen, economies shift, and careers change. If your ex is making good-faith efforts to maintain employment but has experienced legitimate setbacks, income imputation may not be appropriate.

In these cases, a temporary modification of the support order might be more reasonable than pursuing imputation.

Getting Help From an Experienced Family Law Attorney

At Vollrath Law in Oviedo, our attorneys understand Florida’s child support laws and know how to effectively advocate for children’s financial needs. We can help you:

• Gather appropriate evidence to demonstrate voluntary unemployment
• File the necessary motions for income imputation
• Navigate the discovery process to uncover hidden assets or income
• Present your case persuasively in court
• Explore all enforcement options if your ex continues to evade their obligations

Remember, child support isn’t optional—it’s a legal obligation to provide for children’s basic needs. Florida courts take this obligation seriously, and with proper legal representation, you can ensure your children receive the support they deserve, even when the other parent tries to game the system.

If you suspect your ex is deliberately avoiding child support obligations, contact Vollrath Law today for a consultation. We’ll help you understand your options and develop a strategy to protect your children’s financial future.

This blog post is for informational purposes only and should not be construed as legal advice for any individual case or situation. Every family law matter is unique and requires individualized legal guidance.