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Can a judge force a parent to get a job to pay child support if they claim they are bipolar?
Anonymous2 views5 answers
Non custodial parent is over $7000 in arrears and has a doctors note stating they are bipolar and can't work but are not recognized by the state as disabled. Last ruling of family court judge stated they were willfully unemployed yet that same week the hearing officer in the probation case let them off without paying any sort of lump sum and reduced the amount that is needed to be paid to keep out of jail from $123 to $50 with the difference still building up in arrears. They also requested that the party come back in 90 days with proof of disability which they already asked for the last time they were in court and the time before that. The probation hearing officers keep letting the party go without any real enforcement. Noncustodial parent also cares for their own child.
A judge cannot force anyone to get a job, but a judge can impute income to a party and base that party's support obligation on that imputed income. I suggest that you consider speaking to an attorney about filing an enforcement application with the Court that gives Probation specific directions.
No parent can be compelled to obtain employment. However, the Court will continue to impute income to the disabled person until sufficient proof is received as to disability. The best proof is to apply for social security disability. Once that is granted, there is a presumption that you cannot work and unless the other parent overcomes that presumption you will be treated as if you cannot work. These can be difficult cases so you should seek an attorney who is experienced in social security disability and work with them and doctors who know what kind of reports are needed to show that the disabled person qualifies for disability. If the disabled person does not qualify for disability then he/she can obtain a report from an employment specialist who can give an expert opinion as to the limitations on ability to work due to the personality disorder even if not fully disabled. Trying to compel payment from someone who has no employment is difficult. Sometimes the behavior of the person speaks for itself even though the paperwork for proof is not there. Would you hire that person? If he/she cares for his/her own child then perhaps imputing child care worker earning capability is something you can prove.
Prior advise is correct, the judge cannot force them to work but can impute an income to them. If the party is applying for disability, the court may suspend enforcement of the child support order.
My colleagues gave good advice. Use to find a family law attorney to file a motion to enforce litigatants rights. A judge can take whatever methods are needed to compel compliance with an order. Incarceration is one of several possibilities available to a judge. Unless a determination is made by the State finding the person is disabled it is reasonable to expect a judge to impute income regardless of whether the person chooses to work.
Consistent with the other answers the court may only impute income. The court may however require that certain proofs be brought to court as to the actions a person is or is not taking to meet the obligation.
