– from Julia B. in Jackson, WI

Question Details:

My husband and I received a divorce and the court made an order for my husband to pay $200 a month in child support. My husband went to the court and said he did not have the financial stability to pay the support, but will look for a better job. The court allowed this. It is now six months since the order and my husband has not looked for a job at all. I hear from mutual friends he has no interest in looking for a job and does not plan on finding one. Can I have the court enforce a seek-work order to ensure my husband actually looks for a job?

Family Law Attorney Response:

Thank you for your question. I do believe the court can fulfill your request and as a result get you your child support sooner.

In the case of Dennis v. Dennis 117 Wis.2d 249, 344 N.W.2d 128 (1984), a father hoped the court’s seek-work order would not be allowed and instead considered an abuse of discretion by the court. However, it was eventually found that a seek-work order does not abuse a court’s discretion. Wisconsin courts have full authority to order such a thing. A seek-work order is allowed as a judge could only suspect and never fully know whether someone was truly seeking a job.

If you have any other questions or would like to set up a consultation, please let us know so we can schedule a meeting.

Dan Exner, J.D.

Family Law Attorney

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