If he has no income can I get child support?

[mamayogibear]

So my ex is a joblss deadbeat. And that is putting it nicely. He has no job and basically couch surfs at friends. He borrows money from everyone he knows (at last no longer from me). Since he doesn't get a paycheck and is not at one place long enough to hunt down for paternity tests (he didn't sign their birth certs), is there any way I can get child support from him? Is there any way I can get child support from his parents? There well off and bought his sister a house and he keeps threatening to have them sue me for custody of the kids... Any suggestions on how to get this chump to pay up would be appreciated.

[One_Girl]

I think you can probably get it if you have a lawyer and can get a court order for the test.  You may never see a dime of it until her retires or comes into an inheritance, but it is good to have the order.  My ex didn't pay for years until they threatened his license.  After that he found a way to pay even though he doesn't have a paying job.

Edited to say that when the other parent has no income they use what they would make working full-time and getting minimum wage to calculate the payment.  Your state may do something similar.

Edited by One_Girl - 6/11/11 at 6:29pm

[Avani]

Probably not. Child support was ordered for me 4 years ago and my ex keeps all his pay under the table and claims to live at his mom's rent free. I have never received a penny and child support has never done a thing to enforce it. You can not get child support from his parents. Maybe one day your child can get the inheritance if there is one.

[ZoeyZoo]

I would ask a lawyer to make sure but I doubt it as long as you have an income and he has some access to the child. I actually pay in XH child support and alimony because out incomes were so different. My state tries to equalize the situation by taking 40% of my income and giving it to my XH.

[mamayogibear]

Originally Posted by ZoeyZoo 

I would ask a lawyer to make sure but I doubt it as long as you have an income and he has some access to the child. I actually pay in XH child support and alimony because out incomes were so different. My state tries to equalize the situation by taking 40% of my income and giving it to my XH.

Wow, that's lame that you have to pay your ex. Right now I don't have a job and am out of school till next fall so I have no income. That's what got me wishing I could get child support from him...

[muldey]

I would try to get a court order.My exh is homeless,no job,and hasn't paid child support in 3 years.He owes almost $20,000.We've been to court over and over again,we go back on the 30th.They told him if he does not have a job,has not made any payments(which he hasn't),he WILL be going to jail.It's not fair that he gets away with not paying.They are his dc too.The problem for you will be getting him served.But it's worth a try.The payments will keep adding up,and if he comes into any money at all the state will take it and pay you.This includes if he becomes disabled and gets a back payment.He can be sentenced to jail time.At first they will try to put him in a job placement program(at least that's what my state does),and if he doesn't follow through,they can put him away.Good luck!

[ZoeyZoo]

OP- That's why I would consult with a lawyer. Depending on your state laws and your income potential this might be something to leave alone. In my state one parent can't collect for support until they submit an order for it. If you run into a situation like mine it would actually be worse for you.

Having said that what type of job could he get? Likely the court will impute what both of you are capable of making and grant support based on that amount. So even with both of you not making anything it could bite you.

I'm not saying he shouldn't be paying his share. I'm just saying to find out about the laws in your state and a strategy that works for your situation. Not all states automatically make the guy pay. As I said before in my situation I pay quite a lot (40% of my income goes to support) plus I pay half of dd's school and other expenses on top of what I pay for when she's with me.

[butterflylover]

Judges don't typically care if a parent is unemployed. They normally still order it and if the parent doesn't pay they can pull the license, send them to jail, take tax refunds, inheritance, etc. I'd get an order because sooner or later he will get money and you will then have the legal right to it. :)

[turtle2who]

Are you getting any state aid? Insurance? SNAP? Rental Assistance? Because in my state when you apply for these things they ask for info on the non custodial parent. They want to make sure he is supporting the child to some extent so the state isn't taking on the father's burden. I only mention it because it is one way to have them look at him without you having to hire a lawyer and go to court. 

Good luck 

[lilyka]

What is your custody situation?  Even if my xh lost his job and lived on a cardboard box in the street I don't think i would have to pay him child support. 

And yes you can get it ordered but I wouldn't expect to see any unless his parents die and leave him a lot of money.  You can not get any support based on their income.