Choosing to Leave Does Not Remove Obligations
It is a well-known fact that child support is not optional if an order is in place; it is also true that child support orders can be modified if the circumstances are right. Losing a job can be scary, and this loss of employment can give one cause to seek a modification for a child support order, especially if they cannot afford to pay child support and their basic living expenses.
However, what happens to child support payments if someone voluntarily leaves their job? Does child support still have to be paid? Read on to learn more.
Colorado Law for Modification
Under Colorado state law, a person can seek a modification to a child support order if they experience a significant material change in circumstances. Involuntary loss of employment due to layoffs, injury, or termination meets this requirement and allows for a person seeking a modification to a child support order to begin the process. While their obligation to pay child support does not change, modifications make it so that the amount paid is adjusted to match the change in income.
Involuntary vs. Voluntary
Note, however, that the keyword is “involuntary.” Choosing to quit your job for whatever reason does not give one cause to seek child support modification. If it is discovered that a person voluntarily leaves a position of employment in order to avoid paying child support, they may face a different consequence.
Choosing to quit a job voluntarily in order to avoid child support may result in having your income imputed. This means that the court determines an amount that the payor could reasonably earn and use it to calculate child support. Imputing income could also happen if a parent has the ability to work but refuses to do so in order to avoid paying child support.
Seek the Help of a Child Support Attorney
If your former spouse refuses to pay child support and has gone to such lengths to avoid paying what they owe, even going so far as to quit their job, be sure to get in touch with an attorney who can help you begin the process of recovering that child support. At Drexler Law, we will stop at nothing to ensure that your child has what they need, including child support.
Learn more by calling our office at (719) 259-0050 or by visiting our website.