Unfortunately, this is a common occurrence. One spouse is working attempting to make ends meet while supporting a child, meanwhile the other spouse refuses to work and/or pay any child support. The other spouse apparently is relying on their income of zero to prevent a court for morning and paying child support.
Florida courts ultimately get around this issue by attributing minimum-wage to the other party or something greater the minimum-wage if the petitioner is permitted to do so. For example, if someone had some sort of special skill, like a doctor, and was making hundreds of thousand dollars a year and you were able to show they stop working solely to prevent paying child support, one would have a very strong argument to a court they be required to pay above and beyond minimum-wage. The majority of family cases through the court simply will impute minimum wage.
We’ve had great success in matters where we’ve had to impute minimum-wage on the opposing party because of their unwillingness and alleged inability to work any job. These matters often include lengthy discovery and written and oral discovery because of allegations concerning inability to find work.
If you or someone you know is faced with an issue where their former spouse refuses to work and/or pay child support contact the family law attorneys of Hackworth Law for free case consultation. We look forward to working with you getting you the support and assistance you legally, morally and ultimately deserve.