Unemployed husband and child support

Asked over 1 year ago - Rancho Santa Margarita, CA

I am going through a divorce with my husband. He was laid off from his job in the past 6 months. He hasn't been looking for a job and saying he won't because of not wanting to pay support and potentially getting support from me. He has historically made more money than me and is highly educated. Custody will more than likely be 50/50. Would I be able to get child support? Can support be assessed later when he finds employment?

Attorney answers (2)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . Attorney Montgomery offers excellent advice. Even if there is shared custody, there may still be a child support order, which can be modified for as long as the child is eligible to receive it. Income may be attributed to the party who refuses to seek employment or who is willfully underemployed. Good luck!

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Edmund Lee Montgomery


    Contributor Level 16

    Answered . Child support is always modifiable until the child reaches the age of 18 and has graduated high school or the child’s 19th birthday, whatever comes first.
    As far as the amount of child support? There is no information that would allow me to answer that question.
    Child support is calculated on each of your incomes. His unemployment is income.
    The court can also impute income to someone if they refuse to seek employment. You should talk with a family law attorney to understand what the support amount could be.

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