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How Do I Collect Child Support From My Son’s Unemployed Father?

23 August, 2010 (01:08) | Child Support Collections, Law & Ethics | By: stlscorpio


Kc asked:

After 7 months of my sons fathers lack of helping I decided to get the law involved and make him pay child support. The problem is.. He don’t have a job and don’t want a job. He is fine with his mommy paying for everything he needs. I know im entitled to child support but how am I supposed to get anything when he is to lazy to get a job?

Answer: It’s frustrating when deadbeat dads refuse to take care of their children, but do not fear. You are not left out in the cold. A father cannot refuse to get a job and get out of support that way. Judges HATE deadbeat dads. In many of the states with involved formulas he could still owe a substantial amount based solely on your income. Some states will look at dad’s lifestyle and determine what kind of income it would take to achieve that income if he wasn’t freeloading off of his parents. That will become his default income and child support will be based on it.

In other states the courts will see what type of job dad should have. Does he have a degree he just refuses to use? Well guess what? That income might just be imputed to him. Did he flunk out of school by partying too hard? A judge may not care. It all depends on the facts of your case and on the judge. It is important that you seek good legal advice. Talk with the lawyer about the fees. There is a good possibility that your son’s father will be required to pay yoru legal bills.

Either way get out and do something about it now. No one can help you until you take action. You will certainly get a court order of some type. You may have to get help collecting it, but the place to start is with the court order.

Related posts:

  1. What Happens To Child Support When One Or More Children Move In With The Other Parent?
  2. How Do I Cancel Child Support On A Child Who Is Emancipated?
  3. When Do I Need A Child Support Lawyer?

Comments

Comment from ChubaKiller
Time August 29, 2010 at 6:27 pm

If he doesn’t work and make money, how can you possibly get money off him? Others have made it without depending on child support, I’m sure you’ll live.

Comment from pedro7of9
Time September 2, 2010 at 5:37 am

1 go to court,,get a judgment,,,enforce it…at worst he will owe you the money and you can put a lien on his car,positions and any tax refunds and other things he may get in the future,,,
2 ive sued and won and couldn’t collect,,,same thing,, the guy who drilled my water well lived with mom and all trucks and stuff was in moms name,,,it did put him out of business.though.

Comment from Michael H
Time September 4, 2010 at 9:36 am

Every state has a minimum he will have to pay, the child enforcement office in your area will better help you with these questions.

Unemployment does not mean he doesn’t pay anything.

Comment from Mommy of 3 boys
Time September 5, 2010 at 3:35 pm

If you go to the courts and get a petition for child support set up they will use what they call a formula, where they take your income and the minimum he should be making and calculate it. What ever the calculation comes up with he will be made to pay. Just because he doesn’t have a job doesn’t mean he’s going to get off with not paying it. If that were the case, then all these people out here that have to pay child support would quit their jobs and not worry about it. I’m not sure what the lowest limit is for your state, but my child’s father was ordered to pay $130/month. Of course he hasn’t paid that and his excuse is that he doesn’t have a job. Now he owes $2500 and is about to be sent to jail.

Comment from Andrew
Time September 6, 2010 at 7:28 am

Take him to court, he’ll have money some day!

Comment from jusjokin12
Time September 8, 2010 at 11:32 pm

If he has not worked he will have to explain to the court why? Next just because he does not work does not mean that he can get off without paying child support unless his mother will pay that also. Since his mom is paying for everything than he may have to pay more since he has no cost of living expenses. Child support will be base on what his earning power can be even if it is just for $50 or more a month. Not paying it will go against him as he could have his drivers license suspended, a judgment filed against his credit report, not be able to get a passport, and garnishment of any monetary awards or refunds like taxes. His excuse of not working will not go with the court. He does not pay he can be arrested and thrown in jail until the arrears are paid. Note too if you received or may receive any benefits from State Aid he will be order to reimburse the State whatever expenses they have spent on your child.

Comment from Taisha
Time September 10, 2010 at 2:46 pm

your life sucks baaaaaaouuuuuuuuuuuullllls

Comment from George McCasland
Time September 12, 2010 at 9:57 am

Don’t want a job? Do you watch the news at all? There are six men for every available job. By the end of the year, women will be the primary breadwinners in the majority of households. If he is getting unemployment, attach it. Why didn’t you do that 7 months ago?
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