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The power of a Family Court Judge – Can my spouse quit working to avoid paying support?

San Diego Divorce and Family Law Attorney, Paul Staley, released a new YouTube video for people who are curious if: Can my spouse quit working to avoid paying support?

San Diego Divorce  Attorney Paul Staley answers frequently asked questions. Can my spouse quit working to avoid paying support? Please call our San Diego Office at 619-235-4095

Transcript of Paul’s Video

Can my spouse quit working to avoid paying support?

They can quit work to avoid paying but they won’t be avoiding the obligation. See, the obligation of a parent or spouse to pay support doesn’t simply evaporate because they don’t have any money available to pay it. The judge has made an order and until that order is modified or terminated it continues in full force and effect. So, what I have seen from time to time is we’ll have one parent or spouse who’s been ordered to pay support, who is a W2 employee, who will decide that they will now instead go work for a family member or other relative or friend and maybe the paid under the table so that there are earnings can’t be intercepted by the employer and sent to the other party. Now, what problem does that solve? It solves only a a very short term problem, that is the actual difference of the amount of money coming to the parent or spouse who’s obligated to pay that money. The obligation still exists. So was happening is they are racking up arrears on support and the statutory interest rate is 10%. That is a lot of interest. And so, there’s other problems involved here to. A person who doesn’t pay support that is ordered, but nevertheless has the ability to pay it, can be put in jail.

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