During a divorce or after a break-up, parents have to address numerous issues related to their children. Either through cooperation or litigation, they have to find a way to share parental rights and responsibilities.
Parents typically share both parenting time and the legal authority to make decisions about their children while they remain minors. They also have a degree of financial responsibility toward the children in many cases. Some people become so upset about a relationship failing that they engage in inappropriate and manipulative behavior. For example, the parent who always supported the family might quit their job and start working at a burger joint or as a cashier at the local convenience store.
What can the other parent do in a scenario where one parent voluntarily quits their job or becomes underemployed to avoid support obligations?
The courts look at intent, not just income
People attempting to game the system during and after divorce is relatively common. Many family court judges in Illinois have seen numerous scenarios in which a well-paid professional suddenly leaves their job and starts taking work under the table only. They have likely also seen cases where parents with excellent careers suddenly move to minimum-wage jobs and largely live off of their savings.
Such attempts to manipulate the outcome of financial support proceedings may not be successful. The courts can consider the standard of living during the relationship and the earning potential of both parents, not just their current income. The support they order is a reflection of current circumstances, the marriage and the lifestyle of each parent.
When the circumstances make it clear that a parent has voluntarily left their job or become underemployed to avoid support obligations, the attempt to manipulate the process can influence what a judge determines is fair and reasonable. Parents who notice concerning changes in a co-parent’s behavior may need help pushing for a fair outcome when allocating parental rights and responsibilities.
Comparing current earning potential and living arrangements with what occurred prior to a high-asset divorce or separation can often create a compelling picture in scenarios involving complex parenting matters. Parents who attempt to game the system may put themselves at a legal disadvantage in the long run.