If he has no income can I get child support? - Mothering Forums
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#1 of 13 Old 06-10-2011, 01:11 PM - Thread Starter
 
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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.


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#2 of 13 Old 06-10-2011, 01:25 PM
 
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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.

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#3 of 13 Old 06-10-2011, 02:39 PM
 
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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.

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#4 of 13 Old 06-10-2011, 02:48 PM
 
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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.

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#5 of 13 Old 06-10-2011, 03:11 PM - Thread Starter
 
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Quote:
Originally Posted by ZoeyZoo View Post

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...

 


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#6 of 13 Old 06-20-2011, 12:03 PM
 
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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!


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#7 of 13 Old 06-20-2011, 12:18 PM
 
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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.

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#8 of 13 Old 06-24-2011, 11:28 PM
 
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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. :)

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#9 of 13 Old 06-25-2011, 05:35 AM
 
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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 

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#10 of 13 Old 06-27-2011, 03:59 PM
 
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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.  


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#11 of 13 Old 08-29-2013, 02:44 AM
 
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Okay, what if the mother has to pay for child support when she is only making 3 dollars a day making necklace and other thing though the internet, and her parents are trying to get child support from her and she already have food stamps and section 8.. She barely making it.. would the court make her pay for child support or the kids father?  If i can get any help for her she is a wonderful women and she trying to stay strong. 

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#12 of 13 Old 08-29-2013, 05:15 AM
 
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The way child support works differs state by state. You can look it up using your favorite search engine with the name of your state and terms like "child support calculator." 

 

 

There are three factors in calculating the amount of support each parent has to pay. Gender isn't one of them--at least, in my state.

 

The first is, who is taking care of the children for more of the time? If the two parents share time with the children equally, then each parent calculates how much he or she would pay if the other parent had full custody. One parent's income is usually higher, so they'd have to pay more. The court subtracts the amount that the lower income parent would have to pay from the amount that the higher income parent would have to pay, and that's the amount that the higher income parent owes in child support. 

 

I don't know whether that made sense--say child support is 25% of gross income, but you share custody 50/50. 

 

He makes $1000 a week. She makes $300 a week. If she had 100% of custody time, he'd owe her $250 a week. If he had 100% of custody time, she'd owe him $75. Since they have 50/50 custody, he owes her $175. That makes sense, right? 

 

The second factor is obviously the incomes of the two parties. Incomes, not assets. Your savings and property or even your parents' savings and property? Don't count. 

 

The third factor, in my state, is whether one of the parents is covering the child or children (or in my state, the other parent) with health insurance. Since health insurance is expensive and a very big benefit, whatever the insured parent pays to cover the others is deducted from child support. 

 

So now, about the "no income" piece. Judges know that sometimes parents will choose not to work in order not to pay child support. In that case, sometimes the court will impute income to an unemployed or underemployed parent in calculating child support. This is a great thing if someone could be working and isn't--not so great in the current economy, where involuntary unemployment is relatively high. It's also important that the court knows the work history and education of the unemployed parent, so that they can judge what the person could be earning. 

 

All of that is to explain why a mom might wind up paying a dad child support when she has equal custodial time. If a mom is barely making it financially and doesn't have educational qualifications for a better job than necklace-making, no one is going to ask her to pay child support. 


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#13 of 13 Old 08-29-2013, 05:36 AM
 
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I'm not a lawyer, but lately I've been wishing I were. I tried to learn about these laws to calm my anxiety in the divorce, and I am finding them really interesting. Also, sometimes, horribly unfair, of course. I think I am sticking with "interesting" so that I don't feel upset by the ways that I'm affected by them. Of course, I was married and I'm getting child support, so I'm in a privileged position, even though everyone around me thinks the child support is too low and is kind of disappointed in ME for not getting more. 

 

See, interesting, right? 

 

Here's the problem for the OP with seeking child support. 

 

1. She hasn't established paternity. Does she want her ex to have access to the children? It's possible that in her state, paternity will mean that she has to grant visitation. 

 

2. Family court can impute income to her ex, but that doesn't mean they will expend the resources to make him pay her in a timely way. One acquaintance of mine gave up on getting child support from her ex. After her children were grown, the state tracked him down and made him pay her arrears. She worked out a deal with him to give her a one-time payment, much less than what he owed, because by that point it wasn't important anymore. 

 

She was the person who pointed out that people always blame the mom for not MAKING the dad pay child support. 

 

3. The only thing that's significant about the ex's parents' income is that it could signify that the ex has greater earning potential than his current lifestyle suggests. (What I mean is, if they have so much money, didn't they send him to college?) Really I don't think you can expect anything from these folks. If they haven't stepped up to help you so far, they won't. If they aren't making their son get a job, they won't. 

 

You should probably consult the website of the child support enforcement for your state to see whether it's worth pursuing this. My guess is that it's not worth your time and effort, but you might decide differently. The state is right that your ex should be paying, I think, but right and wrong are only one part of this calculation for you. 


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