My friend is filing for divorce and wants her husband to pay child support for their 2 kids (5yrs and 2yrs). As of this moment he is a kept man living with his girlfriend. Her husband CHOOSES not to work for the sole purpose of not having to pay the support if she requests it. How much could she get from him even if he's unemployed? Can she ask the judge to order that he get a job? He has not worked in three years.
2006-12-07 14:03:55 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
In extreme cases of non-payment, yes, a judge can give a time limit for finding a job. I've seen it done in court.
The first thing that she has to do is to get the support order. The amount will be based on his current earnings OR the gross income of the last Federal Income tax filing.
Once an order is established, she can take the order to the local child support enforcement office and get them to enforce the order. They can clean out his checking account, put a lien on any property or cars, suspend his drivers license, intercept all tax returns...they have a lot of ways to ding him for non-payment. If all else fails, she needs to call the enforcement office every 2 weeks and be persistent about taking some action. The squeaky wheel gets the grease.
2006-12-07 14:07:10 · answer #1 · answered by Royalhinney 7 · 0⤊ 0⤋
Most of the time this happens, the judges are going to look down very unfavorably on a parent that uses this excuse. The judge can not only order that he get a job, he can set a date at which he must pay a certain amount of child support or he will go to jail for contempt. They can also impute income, which is to say, assign him a salary that they think he should make and base the child support on that. How he comes up with it is none of their concern.
2006-12-08 05:15:22 · answer #2 · answered by John F 3 · 0⤊ 0⤋
Most judges will give a time limit for him to get a job. And even if he's not working the judge could order as little as 100 dollars a month per child. This happened to a friend of mine. Then her ex quit the job and got paid under the table but had proof he was making only 100 a week there fore the mother was only entitled to about 50 dollars a month!
2006-12-07 14:26:38 · answer #3 · answered by texas_angel_wattitude 6 · 0⤊ 0⤋
Just because he doesn't WANT to pay child support doesn't mean he won't be ordered to by a court of law. If he Doesn't work and doesn't pay child support it will simply be added up and ANY money he gets (in heritance, unemployment, tax refund, even casino winnings)will be garnished until all the back support is paid off and he will still have to pay. In the event he goes until the children reach adulthood and THEN decides to get a job his pay will STILL be garnished in order to repay ALL of the back child support he owes PLUS interest. And yes she can request that the court order him to get a job strictly for the purpose of paying his child support.
2006-12-07 14:32:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Many states can impute income based on prior years tax returns and such and specify child support.
He is not the first clown to think of this, and the courts can usually see through such a dodge.
However, actually getting the money may be a larger problem.
The judge can't order him to get a job, most likely, but can order him to pay, and if he doesn't he can offer him a room at the greybar motel.
2006-12-07 14:07:51 · answer #5 · answered by camys_daddy 5 · 1⤊ 0⤋
When they establish child support orders and the non custodial parent does not have a job they will use a formula for him as if he had a minimum wage job and he will be ordered to pay no matter what. Tell your friend good luck and to go after the DEAD BEAT. Tell her that she needs to get on it right away.
2006-12-07 18:00:33 · answer #6 · answered by nyrwldstdrms 2 · 0⤊ 0⤋
well if the judge orders him to pay they will take it out of him unemployment checks until he gets a job. and the judge can not make him get a job to pay child support. I got fired and I am still trying to make a 500.00 payment on an unemployment check. Tell her good luck with the dead beat dad.Your kids father could end up in jail if he dose not pay and then his parents will have to pay until he gets out of jail.
2006-12-07 14:13:06 · answer #7 · answered by cindy b 2 · 0⤊ 0⤋
nope the judge cant order him to work but the judge can find out what kind of work he qualified to do and then if the judge wanted to he could make the parent pay 30/00 to 40/00 percent of that pay that he is qualified to work if the judge decide to do that
2006-12-07 14:26:27 · answer #8 · answered by little_bear 3 · 0⤊ 0⤋
Do what's in you and the childs terrific interest. i might advise that would desire to you bypass the courtroom direction and he supplies up his rights, which you have it put in the courtroom papers. A discern popping out and in of a childs life isn't a physically powerful factor. when you consider which you know that the clarification is actual economic, i does not enable visits interior the destiny. do no longer deceive the baby, yet do no longer bypass overboard the two. stable success.
2016-10-14 06:04:32 · answer #9 · answered by ? 4 · 0⤊ 0⤋
To my knowledge, he would need to get a job or lose his license to drive and have his income tax taken away (at least in NY this is the case). Have her go to court anyway, to see what they say. I am sure they will be 100% on her side since he sounds like a loser.
2006-12-07 14:11:48 · answer #10 · answered by Jay Jay 5 · 0⤊ 0⤋