My Ex-Spouse Is Taking a Lower Paying Job to Stop Paying Child Support. What Should I Do?

When your ex-spouse intentionally takes a lower-paying job to stop paying child support, it can be frustrating and unfair. You rely on those payments to cover essential expenses for your child, and a sudden reduction or loss can create financial hardship.

New York takes child support seriously, and the law provides ways to challenge an ex-spouse’s attempt to lower or stop their payments through voluntary underemployment. Here’s what you need to know about protecting your child’s financial stability.

Can Your Ex Lower Child Support by Taking a Lower-Paying Job?

New York law does not allow a parent to avoid child support obligations by voluntarily reducing their income. Courts recognize that some parents may attempt to manipulate the system by quitting a high-paying job or choosing a lower-income position without a legitimate reason. In these cases, a judge can “impute” income to the parent, meaning the court assigns an income level based on factors such as work history, qualifications, and earning potential.

New York’s child support guidelines are based on income and the number of children involved. If your ex is trying to lower their payments by taking a lower-paying job without a valid reason, you can challenge the modification request.

Challenging a Child Support Modification Request

If your ex-spouse petitions the court for a reduction in child support, they must prove that the change in income is due to circumstances beyond their control. The court will look at whether they:

Were laid off or fired through no fault of their own
Suffered a long-term illness or disability that prevents them from working at their previous level
Made a good-faith effort to find comparable employment but were unable to do so

If they voluntarily took a lower-paying job or reduced their work hours, the court may refuse to lower their child support obligation. You can present evidence showing that your ex had other employment options, left a well-paying job for personal reasons, or has the ability to earn more based on their education and work experience.

How to Prove Voluntary Underemployment

To prove that your ex-spouse is deliberately underemployed, you may need to gather evidence such as:

Employment history – Showing their past earnings and career trajectory
Job market analysis – Demonstrating that similar jobs with higher pay were available
Financial records – Indicating whether they have other sources of income
Statements from past employers – Confirming the circumstances of their job change
Social media activity – Indicating whether they left their job for personal reasons rather than financial necessity

A judge will consider all relevant factors before making a decision. If the court finds that your ex voluntarily reduced their income, they may deny the request for a child support reduction and continue requiring payments based on their prior earnings.

Requesting a Court Hearing

If you believe your ex is intentionally trying to avoid their child support obligations, you have the right to challenge their modification request in court. You can file an objection and request a hearing where both parties present their case. The judge will review the evidence and determine whether child support should be modified.

If your ex has already obtained a reduction under false pretenses, you can file a motion to modify the support order based on new evidence that proves they are capable of earning more.

What Happens If Your Ex Refuses to Pay?

New York has strict enforcement measures for parents who fail to pay court-ordered child support. If your ex stops making payments or falls behind, you can take legal action, which may result in:

Wage garnishment
Seizure of tax refunds
Suspension of driver’s and professional licenses
Passport denial
Contempt of court charges, which may include fines or jail time

You can request enforcement through the New York Child Support Enforcement Program (https://www.childsupport.ny.gov), which has tools to recover unpaid support.

When to Consider Legal Representation

If your ex-spouse is actively trying to manipulate their income to avoid child support, a child support lawyer can argue your case in court and present the necessary evidence to challenge the reduction. They can also assist in filing motions to enforce payments or modify the order based on substantial changes in circumstances.

Protecting Your Child’s Financial Future

A parent’s obligation to support their child should not be optional. If your ex-spouse is intentionally taking a lower-paying job to avoid their financial responsibility, the court can take action. By gathering evidence, requesting a hearing, and utilizing enforcement measures, you can fight against unfair child support reductions and ensure that your child receives the financial support they need.

Take Action to Protect Your Child’s Financial Stability

Child support is not just a legal obligation—it’s a commitment to your child’s well-being. If your ex-spouse is trying to reduce or stop payments unfairly, Hedayati Law Group, P.C. is ready to advocate for you. With over 150 years of combined legal knowledge, we know the tactics some parents use to avoid financial responsibility and how to present a strong case in court.

Our team serves clients in Suffolk County, Nassau County, and New York City, addressing complex child support disputes with diligence and care. Whether you need to challenge a modification request or enforce an existing order, we are prepared to take action on your behalf.

Your online search for “child support lawyers near me” and “New York family law lawyer” brought you to this blog. Take the next step and call us at (516) 334-4100 (516) 334-4100 or fill out our confidential online form to schedule your consultation. We’ll work together to protect your child’s financial future.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Hedayati Law Group, P.C.
666 Old Country Road Suite 444
Garden City, New York 11530
(516) 334-4100 (516) 334-4100
https://www.hedayatilaw.com/

February 15, 2025 – Al Hedayati, Esq.