Husband isn't getting a job so he can avoid child support?

Question

My soon to be ex is being very ugly and isn't getting a job while the divorce is going on so he doesn't have to pay child support. If he doesn't have a job doesn't he still have to pay me something?

Answer 1

Your lawyer can answer that. But it is better to establish that child support is required even if he has no visible means of support... for the long run.

Answer 2

Well, it all depends on the state that you live in. The best answer I can give you, is to go to your local child enforcement office and ask some questions. In my state it doesn't matter if the parent has a job or not, he/she still has to pay some sort of child support. The state will actually take away his/her drivers license, and issue a warrent for his/her arrest if it goes too long. He is gonna have to get a job eventually and then he will have to give you your money. You know what is really gonna get him? If he doesn't give you any money when he does get a job, they will take it out of his tax refund at the end of the year. If there is anything left over after you get your share, then he will get the rest.

Answer 3

He's really stupid and not bright at all. Most ignorant non-child support paying men think by avoiding getting a job they can by-pass (beat the system) paying child support. Because of this most states have implemented some type of punishment. They can loose their drivers license, career license ( Barber, cosmetology, doctors, lawyers and etc.), they can even serve jail time.

Research the penalties in your state. I'm sure they have some. Don't worry he won't get away with it. You have to make sure you keep reporting that he's not paying. He's hurting his self big time.

Good luck to ya!!

Oh, and they will judge him according to his work history and what he is capable of making regardless of him having a job or not.

Answer 4

Regardless if he is working he still has to pay. It will just be harder for you to collect. You can have him arrested and his drivers license suspended if he is not paying child support through the court. I know of a few dead beat dads that have worked off the books or did not work to avoid. In the end if you put much time and effort you will get it. To many woman do not have the time and energy to keep chasing these dead beat guys. My cousin after 17 years of divorce, her son married with his only family is now receiving back payments for child support. So know there is hope and you may not get it now but if persistent will collect.

Answer 5

I'm not sure how they judge the amount that he needs to pay, I think it depends on the state you are in. One of my friends was married to an actor in California and she had a hell of a time trying to get any money out of him after the divorce. He owes her almost ten years of child support for their two kids and she has yet to get even a year's worth out of him. I woudn't worry about the state setting an amount - I'd be more worried about them forcing him to pay if he doesn't want to. It can be really hard to get child support sometimes. I hope it goes well for you.


I have an older friend who was owed several years of back child support from her deadbeat ex. He refused to work and was living off of the kindness of relatives until he got caught. He went to jail for awhile and was required to do work release while there to start paying her back for the child support. He was later released on the condition that he continue working and his paychecks were garnished to ensure that he pays up.

Answer 6

Scot free. It's income based.

Get a GOOD lawyer and be the kind of person a judge wants to help, and you'll get a good outcome. The guy will have to pay your family to keep them in the same lifestyle they had before, at the very least. I know someone who told me that's what she had done for her. Her ex husband made about 100k per year then decided to make zero while the divorce was going on and the judge empathized with her and her daughter. They weren't rude or acting pitiable in court proceedings.

Sucks coz mine is usually unemployed while we're married and I'm usually employed so if we're ever divorced, he'll owe almost nothing and be expected to contribute almost nothing.

Answer 7

Has he ever had a job while married to you? Tell your lawyer what's going on, and then even if the court doesn't award you allimony or child support, you can take him back to court the minute he becomes employed.
It must be nice to live without working. Wish I had thought of that! I still don't understand how he eats.

Answer 8

IF he has had a steady job history through the marriage, then he has an established salary history. He is employable, and at a certain salary range. The law protects you in this situation, and the child support will be based on his salary history and his potential to earn -- not on the fact that he is currently (or intentionally) unemployed.

Answer 9

Ky_Lotus is right- in the United States, anyway. In most states they will AT LEAST calculate monies owed using the minumum wage scale.

There are NO LOOPHOLES when it comes to child support. And in my state (Illinois) once Child Support Enforcement has your case, they will hound that parent worse than the IRS.....and eventually you end up in Jail.

Answer 10

If he was working throughout the marriage and just recently quit, he may still be figured at the rate of pay from his old job. But if he can prove he lost his job by no fault of his own, he would be figured at a pretty low rate. I would talk to your attorney to see what you can do.

Answer 11

Depends on what state you live in. Consult with your attorney. Some states will calculate the amount of support based on what his past earnings were, even if he doesn't have a job, or has a new job where he makes less than when you were married.
Also, if he doesn't pay you support, his parental rights to the children can be terminated. Again, check with your lawyer.