This is the next post in my series on steps which a Las Vegas father should take immediately after losing their job. My last article discussed why a dad should modify their child custody order after being laid off. It is important to understand that your order should represent your current situation or you may risk losing visitation time with your child. An experienced attorney can assist in making sure that your rights are protected. In this article I will discuss the fact that a dad should immediately seek employment or retraining after losing their job. If you need assistance then call my office today to speak with a lawyer.
I’ve previously discussed why a dad should modify their child support obligation after being laid off. One’s monthly financial obligation will not go down simply because their income has decreased; a person is obligated to follow the Court’s order until the time at which that order was changed. This means that you will be required to pay your full support amount until you go to Court. When you go to Court, however, it is important that you be taking steps to regain employment or else the Court may find that you are “underemployed.” Such a finding would result in your monthly obligation remaining the same and not decreasing.
When a parent is choosing to work fewer hours than they are capable of, or to not work at all, then the Clark County Family Court may find that they are willfully underemployed. In such a situation the Judge may rule that the father is to pay an amount of support equal to that which he would pay if he were still working full time. The Court is unlikely to find that a dad is underemployed, however, if he is able to show that he is actively trying to improve his situation. If one can show a record of regularly looking for and applying for jobs then the Court will likely find that underemployment is not an issue. Likewise, if it is necessary that a father attend some type of retraining in order to regain employment then the Court will likely set support commensurate with his current level of income.
If you are actively seeking employment then it is important that you keep records of companies you have applied with as well as other documentation related to your job search. It is not enough to simply tell the Court that you are looking for work. You must be able to prove it. Also, it is not enough to say that you plan to attend school or some type of vocational training. You must be able to show the Court that you are actually enrolling in a program. Taking these steps will help to show that you are actively trying to improve your situation.
Contact my office to speak with a Las Vegas fathers’ rights lawyer. I have handled many child support matters and we are ready to assist you.