How does child support work if the dad doesn't have a job. And this situation is really bothering me. Help!?

Question

How does child support work if the dad doesn't have a job. And this situation is really bothering me. Help!?
My son's father is known for pulling the disappearing act on me.

He left me when I was six months pregnant, and came back trying to do right, now my son is 15months and he just stopped calling and checking and offering to help me with him about a month ago.

That is the last time I heard from him. I found out he is living with a woman and her two kids. He also has two kids by another woman.

He hasn't had a job in the 71/2 years that I have known him he is a 3 time felon and honestly I don't no exactly were he is but he is on parol.

I am very angry that he has left me to care for my child alone, and this is also my first child. The woman he is staying with is an older woman, well compared to me and him she is older, maybe like 32 or 33 but his brother told me the last time he spoke with him he was talking about the things he has done for her son.

He does little odd jobs like work on cars and help fix up houses and he is actually good at it, but why would he help with this woman's kid and not his own.

I'm also sure he has reached out to his other baby mama and has probably sent money to them why would he not reach out to me about our son at all, he hasn't denied him and my son looks just like him and his other two kids.

So why would he just act like our son doesn't exist.

I will be honest he has been on and off of pcp, doesn't have a car, job the clothes he has either got from a woman buying it for him or he stole them from someone he know's.

The cell phone he has his mom makes the payment on. He is 27 years old. I already have established paternity through the state because he did not comply.

They added his name to the birth certificate and basically established paternity although when he said he would be there to help, he started helping so I did not show up for the final hearing and they withheld the child support order, but forced him as the biological father. So now I am having them add the child support but he has absolutely nothing.

He is known for living off of women, heck he even gets them to were they are into him and trust him uses them in a way were they don't feel like there being used and robs there house like when they go to work and takes off.

He has done this a few times that I no about. So I'm sure the woman he is staying with now is doing the vast majority, while he is getting more in the long run.

But at the same time he is helping her with her kids and ain't done anything for his own. How would child support work in this case?

Answer 1

You can still file to establish child support even if someone doesn't have a job. The court will look at the circumstances and order what it feels he can or should be able to pay. Even if someone isn't working at all most states have a minimum monthly child support payment. What will happen if he isn't working and isn't paying is that the ordered support will continue to accrue and you can file with the court for contempt (for not paying the support and thus violating a court order). Whether the court will actually do anything about it (they can warn him, put him in jail, etc.) will depend on whether the court believes he is purposely avoiding paying the support or whether he's really trying to get a job but just can't. Unfortunately, in these types of situations, even though support is ordered and continues to accrue, the parent with custody often will see little support actually coming through. For quick assistance with your child, I would recommend contacting your state's child support recovery office. They can help you get support established and enforce it, refer you to family law attorneys, and possibly help you find other assistance if needed.

Answer 2

You can still take him for Child Support. The Judge may grant the minimum payment (however you can always request that it be modified later, if his income increases). If he doesn't pay, he will still continue to owe payments and will owe you back support. I have a child I raised until they were almost an adult and her dad owes me over $40,000 and I am collecting it too. So...you may or may not receive regular payments every month, however, they will find him and arrest him or revoke his DL if he ever has one, etc. eventually you will get something even if its back support. You will have to give his last known address, or parents address, etc. They will go according to that. Your other option is to apply for cash assistance. It may not be alot, however he will have to pay that back to the state where you apply.

Answer 3

I would go down and file for support at least. If he doesn't have a job there is not much you can do. But if he gets in the system and does get a job you can sue for back child support. It's also possible that when he does start working you will get all his tax refund for back child support. When you file for support and he doesn't pay the amount owed to you just keeps getting bigger and bigger. It's possible that he can go to jail and also have his drivers license suspended.