Can My Ex Quit Their Job to Avoid Paying Child Support?

December 8, 2012 - by Eric Anderson

A common question is whether someone is allowed to quit their job or switch to a lower paying job, and thus lower their child support obligation.  Generally, a person is not allowed to take such action.  Child support modifications are governed by Minn. Stat. 518A.39.  The statute states that it is presumed that the current child support order is unreasonable and unfair if the gross income of the obligor has decreased by at least 20% through no fault or choice of the party.  Thus, voluntarily quitting a job or substantially reducing income is generally not a valid reason by itself to modify child support.

This does not mean that the obligor must stay in their current job.  However, leaving will expose the obligor to a court finding that they are "voluntarily unemployed, underempoyed, or employed on a less than full-time basis" under Minn. Stat. 518A.32.  The law rebuttably presumes that a parent can be gainfully employed on a full-time basis.  If the court determines that a parent is voluntarily unemployed, underemployed, or employed on a less than full-time basis, then the court will attribute "potential income" to the obligor using one of three methods:

  1. The parent's probable earnings level based on employment potential, recent work history, and occupational qualifications in light of prevailing job opportunities and earnings levels in the community;
  2. If a parent is receiving unemployment compensation or workers' compensation, that parent's income may be calculated using the actual amount of the unemployment compensation or workers' compensation benefit received; or
  3. The amount of income a parent could earn working full time at 150 percent of the current federal or state minimum wage, whichever is higher.

A parent is not considered voluntarily unemployed, underemployed, or employed on a less than full-time basis upon a showing that:

  1. The unemployment, underemployment, or employment on a less than full-time basis is temporary and will ultimately lead to an increase in income.
  2. The unemployment, underemployment, or employment on a less than full-time basis represents a bona fide career change that outweighs the adverse effect of that parent's diminished income on the child; or
  3. The unemployment, underemployment, or employment on a less than full-time basis is because a parent is physically or mentally incapacitated or due to incarceration, except where the reason for incarceration is the parent's nonpayment of support.

Disclaimer: No case or client-specific information shall be discussed on this website. The content provided is informational only and should not be construed as legal advice. If you have questions about divorce or custody in Minnesota , please seek the advice of an attorney.