I am undergoing a child custody suit (initiated by me) and a child support suit (initiated by my son's mother via the County of San Diego). ...

Question

I am undergoing a child custody suit (initiated by me) and a child support suit (initiated by my son's mother via the County of San Diego). I have a full-time job and earn good money. She now works part-time and enrolled full-time into a four-year college all beginning after she filed. the complaint for child support. Since support is depended on income, can the courts order her to make employment a full-time priority?

Answer

She can have the choice of either finding full time employment or having child support assessed as if she had full time employment.

Answer

It is in the discretion of the court whether to compute her income based upon her working full time. You might get a vocational evaluation which would improve your chances. A consultation with an attorney would be beneficial.

Answer

The answers you have received are basically correct, but somewhat technical. So I write to give you the overview. The courts cannot order someone to work unless it is a consent order. The 13th amendment prevents work orders without consent. The courts CAN, however, decide whether it is equitable (fair) to calculate support based on actual income, or what the person COULD earn if they found work or worked up to their earnings potential. In exercising that discretion, the court looks at many factors and balance the fairness as well as the needs and best interests of the children. A parent who has an MBA but is working part time at Starbucks while pursuing a degree in Holistic Zen Basket Weaving, is very likely to find himself having support calculated on a lot more than his actual income. On the other hand, a parent who is working part-time as a pharmacy clerk at CVS while pursuing a full time nursing program, is pretty likely to have only his actual income considered, because the court knows that once he gets out he will earn a lot more and be able to contribute more to the kids than if he just stays a full time pharmacy clerk indefinitely. Figuring out where your situation lies and how to advocate for an appropriate order under your particular circumstances and details of your case is where consultation with a good Family Law attorney would be money well invested.