If you file for divorce & husband is unemployed....?

Question

Just a note. I will call a lawyer, I'm just asking to see if anyone has gone through this, or if they know before I call.

If I file for divorce (Rhode Island) and my husband is unemployed, I am part time employed, will the courts still grant me some sort of child support. He quit is job in September, and hasn't found another one yet. Told me last night he wants a divorce.
any comments?

Answer 1

As long as you have custody of the children, he will be responsible for child support.

Answer 2

You are giving him all your power. Don't you see that you're not working is giving him the wherewithal to make you "think" you need him? You need to stand up for yourself. Of course you can provide for yourself. You wer born alone. You have a child now and you can handle this. It's clear that he's not interested in providing a financially stable home for you and your children. If he was, you wouldn't be living at his parents and he would have found a job by now. From what you're saying, it doesn't even seem like he's really looking. Here's what you need to do: 1) Get a job 2) Save money 3) Move out of his parents home with the baby (this could be #1 on the list if you can move in with family- anytime someone threatens to take your baby from you, take it very SERIOUSLY) 4) Divorce him and demand he pay child support as soon as he finds a job; again, you can't make him pay child support if he has no income and you can't necessarily make him find a job but, once he has income, you're entitled to it. Be smart about this. Stand on your own two feet and get yourself out of this situation.

Answer 3

Maybe other states' courts are better than Minnesota's, I don't know. But I have a friend who has been pursuing child support from her babydaddy for more than a year, and the court did order him to pay a couple hundred dollars a month. He was unemployed, they ordered him to get a job, and he had to report his progress in searching for one, too. He hasn't done jack. He lives with and off the mother of two of his other children, and he has another child with someone else to boot. Nothing has happened to him. The court orders are largely meaningless.

Answer 4

Careful, see a lawyer. My bet is that he quit his job deliberately knowing that this is what he wanted to do. The courts can make sure that he is actively seeking employment until he does find a job. They do not tolerate dead beat dads, and neither should you. Get yourself a fantastic lawyer!

Answer 5

They usually adjust it based on his income, they will take part of his unemployment check and when he gets a job, you will have to petition to the court again and they will adjust it again based on his salary. If he makes even more money later on, you can again go back to court and get an increase. It never ends.

Answer 6

they will base child support on last year's income tax return amount, most likely.

i think you have a lot more to worry about besides child support right now... maybe go full time with your job and figure how to get your life together.

your attorney will give you all the advice you need, i'd imagine.

Answer 7

well I know in the state of washington the minimum child support is $25 a month. they usually go by what BOTH parents make when calculating child support.

Answer 8

I am sure they will grant him a specific time frame (say like 6 months) to acquire a job and if not -- jail time

Answer 9

http://www.childsupportenforcers.com/Rhode%20Island_Child_Support_Laws.html


This is a link to child spport enforcement in Rhode Island this link will answer better then anybody here can. Good Luck.

Answer 10

If he has no income coming in then I think it would be difficult to give you child support. But, then again, this would force to have to get a job. Good luck!