Hi, I have a 2-year-old with a 23-year-old ex who relies on illegal means for income and is currently unemployed. After we broke up last May, he said he’d help only if we got back together, which I refused. Since then, he hasn’t contributed. I plan to wait until he stabilizes with a legitimate job before seeking back pay and child support.
My question is, if I file for child support now when he has no reported income, will I receive any support at all? Would it be a minimal amount, like $50 a month? I need financial help but want to avoid a situation where the support is so low that it doesn’t make a meaningful difference.
It’s understandable to hesitate about filing for child support when your ex-partner is unemployed. However, delaying the process may not be in your or your child’s best interest.
Understanding Child Support Laws:
Potential Income: Courts can impute income based on your ex-partner’s earning potential, considering their education, work history, and skills, even if they are currently unemployed.
Minimum Child Support: Some jurisdictions have a minimum child support amount that must be paid regardless of the parent’s income.
Future Changes: If your ex-partner’s financial situation improves, you can petition the court to modify the child support order accordingly.
Seeking Legal Advice:
Consult an Attorney: A family law attorney can provide specific guidance tailored to your situation and local laws. They can help you understand your options and the potential outcomes of filing for child support.
Government Assistance: Explore government programs that may offer financial assistance for single parents to help alleviate immediate financial concerns.
I have offered many legal aid and this is usually a commonly asked question.
Fortunately, the courts are very strict on the rights of children. Fathers who abdicate such responsibilities means that they risk jail time and in some instances the court will force them to produce evidence of why they cant find unemployment.
Even still, there is a minimum amount that such fathers will be required to pay as child support.
If the state collects your child support, it will accrue interest until it is fully paid. You can arrest him for nonsupport, and he will have to pay a portion of it to get out of jail.
Even if your ex is currently unemployed, filing for child support is still a wise decision. Here’s why:
Establishing Paternity: It’s important for securing your child’s future rights, regardless of your ex’s current financial status.
Preserving Your Rights: Filing now ensures your child’s entitlement to support. If your ex’s financial situation improves later, you can request a modification of the support order.
Potential Government Assistance: You might be eligible for government programs that assist with child-related expenses.
Determining Child Support Amount
The amount of child support awarded when the other parent has no income can vary based on local laws and individual circumstances. It’s unlikely to be a minimal amount like $50 per month.
Courts typically consider factors such as:
The non-custodial parent’s earning potential based on their education, work history, and skills.
The child’s needs.
The custodial parent’s income and expenses.
While the initial support amount may be lower than expected, it provides a foundation. As your ex’s financial situation improves, you can petition the court to adjust the support order.
Seeking Legal Advice
Given the complexities of child support laws and your unique situation, consulting with a family law attorney is highly recommended. They can offer personalized guidance based on your circumstances and local regulations.
Remember: Securing support for your child is crucial, and taking action now can have long-term benefits.