Can a divorced co-parent in IL voluntarily resign from their job, and thus not pay child support payments?

Question

My ex-husband, has threatened repeatedly (and I now believe it to be true - his house is likely to be repossessed soon) to resign from his $110K per year job, and go work at a kids camp for $7 per hour.

IF he does this, it will result in the children and I being more than $800 behind on our monthly financial commitments, as with earnings that low, I will have to pay the full childcare fees per month (between $1280 and $1600 per month, depending on # of weeks in the month!!). This will likely mean I will have to file for bankrupcy within a month or two.

Is it legal for him to do this, knowing that it will mean I and our children lose our apartment etc? HELP! Please provide legal references if you know of 'proof' to back your claim - I am terrified!

Answer 1

There's no law against him quitting his job to take a lower paying one, but he will still be responsible for the current child support payments until you both go to court and have the case reviewed. At that time, the judge will probably chastise him for his actions, but will adjust the payments to reflect the changes in income. Your ex-husband will still be responsible for the back child support and can go to jail for failure to pay. You may also want to look into other childcare; $1,200-$1,600 is awfully steep.

Good luck!

Answer 2

you are responding just as he wants ---

The next time he threatens to do that -- say yes, now you can care for the kids during the day while I work and it'll save me over a thousand dollars a month in childcare!!! Remind him he'll still be obligated to pay child support --until a judge changes the ordered amount (and help make satisfactory arrangements for care of the children)--- just because he wants to quit his job doesn't excuse him from his responsibilities. Call your lawyer and head off this tactic of his---- You should have called your lawyer when he first said that --- now go make that call!

Answer 3

I'm not sure how the law applies in your state, but yes, he is not required to work any specific job. Even if he works for $7 an hour he will have to pay child support only if $100 a month. As long as he's working he will have to pay child support. But he cannot be forced to stay at his high paying job.

I would certainly consult a family law attorney IMMEDIATELY! Or look for a legal clinic in your city. They should be able to help you at a fraction of the cost an attorney would charge

Answer 4

actualy i am sorry to say if you ever heard the phrase you cant squezze blood out of a turnip. basically he can if his new job pays less to the point were his current child support is more than 50 percent of his income he can see a judge or lawyer to reduce them done to 50 percent of his new income.. so even though that would hurt you financally it would also hurt him so even though it sucks it is true i just went through it in california..you know i am al worked up now reading these reponses all you women here want to worry about the little you should be happy he is still helping you but noooooooooo all women just want the money and to rake the men over the coals why is that if he is in there lives and helps you any way you should be happy so wahhhh wahhh you might lose your prettylittle apt find a cheaper one and a cheaper daycare man women that pull this stuff make me sick

Answer 5

Believe it or not, my brother in law is living in the woods and refuses to work where a company will take taxes out because he doesn't want his ex-wife to get it for the care of their kids.... He's got a few screws lose. He doesn't believe in paying rent either. That's why he's living in the woods.

My brother in law was divorced in the early 1980's and still hasn't paid a dime. Sooner or later it'll catch up with him.

Sad but true.

Yes, he can do that. He'll lose everything he has too because he has obligations also. If he's used to making a modest income, I doubt he'd do something like that. Not only will he lose everything, but it looks bad on his resume and it'll be hard for him to find a descent job when he decides to get his butt in gear.

Answer 6

To answer your question no he cannot do what he has threatened.

He can send you and the court a letter of resignation, he can sell his house, quit his job and go to work at BK at minimum wage but he will still be responsible for his child support payments.

I can't sit legal references. You need to see a lawyer a good one. If you can't afford one call the child support enforcement agency in your county.

Answer 7

I also agree that you should seek legal advice, but I don't think your ex can do what he threatens. I believe that in determining support, they look at what the person "has the potential to earn." The court is not going to accept that a man who once earned $110K a year, now makes minimal wages and re-work support amounts. I believe it is based on his "earning potential." Good luck.

Answer 8

he will still be respnosible for the child support. I know this because a lawyer told me. His child supoort will NOT decrease because he QUIT his job. Now if he was to be layed off or something then it might be different.He is quitting his job for spite and the courts will take it into concideration.I am a male and my ex wife pays me child support. She quit her job thinking that she would ddodge the payments but she still has to pay.

Answer 9

I dont know how it is in your state, but in my state the child support remains the same whether he is working or not until a judge changes the order. If my ex quit his job, the child support would continue to build and he would not see a tax refund until it was paid.

Answer 10

Get a lawyer have this documented most likely he'll end up in jail and don't go and get him out for back child support. Melissa H IL.