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If child's last name follows mother's last name, not husband's last name, the husband is not liable for child support?

If husband is out of work, is he still liable for child support?

2007-12-14 03:13:05 · 8 answers · asked by Joy J 1 in Politics & Government Law & Ethics

8 answers

1. Wrong. Wish it were so.
2. Yes. The amount may be low & unpaid amounts may accrue; but he's still liable. Once he gets a job, you back to court to increase support.

2007-12-14 03:18:30 · answer #1 · answered by Anonymous · 2 0

It does not matter what the child's last name is the father is still responsible. If the husband is collecting unemployment, child support can collect from that. If he has no employment, he's still responsible, he just goes into arrears. It will be there until he has an income of any kind.

2007-12-14 03:18:40 · answer #2 · answered by mz313 4 · 0 0

If paternity has been established it doesn't matter whose name the child's name is. If you were married when the child was born under the law the child is assumed to be your husband's. If he contests it, you will need to file a paternity action...or seek help from your local child support family services office. They can order the paternity tests for you. Also, whether he is working or not, he will be ordered to pay child support. He might not be ABLE to pay but when he finally gets back to work he will pay you support, arrears and interest.

2007-12-14 03:45:53 · answer #3 · answered by lahockeyg 5 · 0 0

The Father is responsible no matter what the childs name is. Not working is normally not an excuse for not paying. Drivers license is usually suspended first, unemployment benefits garnished next plus any income tax return. Any back support owed is just piling up. It doesn't "go away".

2007-12-14 03:37:07 · answer #4 · answered by sensible_man 7 · 0 0

If its the husbands child he is liable...if he isn't working he is liable.

He needs to get a job and start paying, once your behind its hard to get caught back up. Moreover, you could be jailed if the arrearage gets large enough.

2007-12-14 03:19:57 · answer #5 · answered by Slick 5 · 0 0

Regardless of the last name the father still has to pay child support.

Not too sure about second question but I think so.

2007-12-14 03:18:42 · answer #6 · answered by Sebastian 2 · 0 0

The Father is responsible no matter what the childs name is. (As long he's the father) As long there is no legitmate reason as to why the father is not working, a monetary order will be set. (legit i.e phy/mental disability) The courts may use the abilty to earn min. wage or higher. (for example, if the father worked as teacher but is in between jobs the court will impute the father abilty to earn as as teacher).

2007-12-14 10:17:27 · answer #7 · answered by bloody betty 2 · 0 0

LOL doesnt matter what last name the kid has,,,doesnt even have to be either of your last names,,the biological father still ha to pay,,,,If he doesnt work the judge will still set a minium amount...and tell him to wake the hell up and get a job...

2007-12-14 09:27:34 · answer #8 · answered by Akida 4 · 0 0

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