What to do if there is a court order for my child’s father to pay child support but he voluntarily quit his job?

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What to do if there is a court order for my child’s father to pay child support but he voluntarily quit his job?

Asked on January 23, 2013 under Family Law, Arizona

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is incredibly frustrating situation for many custodial parents.  You do however, have a couple of different options.  First, if he starts to fall behind, which he probably will, you can file a motion for enforcement.  Considering that he voluntarily quit, you could ask for additional sanctions for him intentionally being underemployed.  The process begins with filing a motion in the same court that entered the child support order and then requesting a hearing on your motion.

Your second option is to make sure that your state child support enforcement unit is involved.   They can garnish things like income tax returns-- which may come in handy since it's that time of the year to file. 

More than likely, he will try to get you to waive back child support-- but just remind him that his obligation continues to accrue regardless of his employment status.


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