In cases where there are financial obligations to children or the other spouse, yes, the judge can order that a non-working spouse find employment.
Because all parents have financial responsibility to their children under the law, working is usually not optional for parents post-divorce, though the extent and type of your outside employment can in part be shaped by the terms of your settlement.
When a person appears to have quit or lost a job in order to avoid paying child support or court ordered spousal maintenance, judges will not react kindly.
Not only will the court impute income based on your previous earnings, and the requisite payments associated with that level of income, but falling behind can lead to substantial penalties, including wage garnishments, loss of your driver’s license, and even jail.
Judges want to see parties behave responsibly to each other and their children, and to that end, a judge may issue orders you don’t expect or like.
The attorneys at Zelenitz, Shapiro & D’Agostino are a bulwark against unfair or unnecessarily restrictive terms in your divorce settlement.
Call us today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce lawyer.