How Can I Collect Child Support When My Ex Chooses Voluntary Impoverishment?

A reader asks:

"I believe that my ex-husband is claiming to be out of work in order to avoid paying child support. However, in the past, he has been self-employed, and I suspect that he is either continuing to work under the table, or has chosen voluntary impoverishment in order to avoid paying. What can I do to ensure that my children receive the amount of child support he previously agreed to?"

Answer:

Unfortunately, this issue is not uncommon among single parent families. My first question for you is whether you have contacted the Office of Child Support Enforcement about this matter. They will be able to assist you in formally filing for child support, so that a legally binding child support order can be established, so that you and your children do not have to rely on a mere verbal agreement.

In addition, the Office of Child Support Enforcement will look closely into your ex husband's employment history and financial records, in order to determine the amount of child support that should be paid. If, in fact, he is choosing to be under-employed in an attempt to avoid paying child support, they will impute his income--which means that, based on his employment history and level of education, they will essentially base child support on what they believe he ought to be able to earn.

If the Office of Child Support Enforcement suspects that he is working "under the table," they may utilize other means of researching his financial history. For example, if he recently made a large purchase on credit, such as a car or truck, they can pull his credit application to find out what he listed as his income.

In conclusion, if you have not already contacted your local Office of Child Support Enforcement, I encourage you to do so. In addition, if you are in the process of waiting for the necessary paperwork to be complied, don't hesitate to contact them again--and often--to ask about the status of your case. While time-consuming, your extra effort just might pay off in your case worker's attention to detail and his or her willingness to put forth the extra effort needed in order to follow through on your suspiscions.