Tag: unemployed

Gaming Child Support as the Child Support Recipient

Many people complain (justifiably) about child support in this regard: parents who qualify to receive child support or to receive more child support by being unemployed, underemployed or who deliberately work lower paying jobs than they are qualified to do, and who then spend those support funds on themselves, not on the needs of the children.

It’s a very good point. We all know (and so do the courts) about child support recipients who (for lack of a better word) “embezzle” child support funds for their own personal use. It happens frequently, unfortunately. And it is hard to detect and to prove to a court. Even if one can prove that child support funds are being misspent by the recipient parent, most courts throw their hands in the air and say, effectively, “OK, so I agree that mom/dad is misspending the funds. What do you want me to do now? Order that you pay less child support? That will only result in the children having less, ‘cuz the recipient ain’t gonna have an epiphany and start spending the lower amount of support on the kids.” It’s a no-win situation for the innocents (children and payor alike).

Utah Family Law, LC | | 801-466-9277

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Is It Harder to Get a Job After 40? Should Divorce Courts Care?

I just came across this from “Inc. this Morning” from Inc. magazine. It’s something you and the court may need to keep in mind when it comes to child support and/or alimony:

“A friend of mine turned 40 recently, and I told him, “Hey, look on the bright side: At least now you’re in a protected employment class.”

It’s a joke on a few levels: First, I’m older than he is, and second, he’s worth millions so he’s not all that worried about finding a job. Here’s the third level: A federal appeals court just ruled that the anti-age discrimination law applies only to current employees, not job applicants.

“Is this good news? Probably not so much for older job applicants, at least in the three midwestern states covered by the 7th U.S. Circuit Court of Appeals (Illinois, Indiana, and Wisconsin).

“Perhaps for some employers, this is welcome news. But bear this in mind: The pool of workers ages 55 and older is growing quickly and will make up nearly a quarter of the workforce by 2022, according to the U.S. Bureau of Labor Statistics.

So if you are getting divorced, are over age 40, and don’t have a job or find it difficult to find a job, should the court consider your age in imputing you an income for alimony and/or child support purposes? If so, how? Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

Utah Family Law, LC | | 801-466-9277

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I have no job, I’m living in my parents’ house, and I’m on methadone. Can I get custody?

What do I do to gain shared custody of my now 13-year-old child? I do not have a current job (due to a medical problem), and I am living in my parents’ house. I’m on a methadone program too.

You would likely:

need to show 1) that you are, despite your circumstances (and they are pretty dire, if you didn’t know that yourself), a parent who is fit to have shared custody of your children; and 2) that shared custody of your children is in their best interest.


need to show 1) that you have remedied your shortcomings by a) holding employment and being self-supporting, b) having your own stable, permanent residence that is clean and safe and has room for the child, c) being either drug-free or demonstrating that your drug addiction is under control and not likely to recur; and 2) that shared custody of your children is in their best interest.

That’s a tall order, and even if you could do all that, the court may not want to modify child custody in the interest of preventing the child from the “ping-pong” effect of having the custody order change as the parents’ circumstances may change.

Utah Family Law, LC | | 801-466-9277

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