QUESTION
Can I collect child support from the father if he is NOT working?
Asked on Nov 26th, 2012 on Child Custody - Alaska
More details to this question:
I have an almost 4-year-old son, since the time he has been born, his father has been in and out of jail and prison, which is where he currently is now. I was wondering if I file for child support would I receive anything. As for when the last time the father worked a job I do not know, more than four years. However, I have been working since the child has been born, does that play a factor as well in filing for child support?
5 ANSWERS
If he has no income, how can he possibly pay you support?
Answered on Nov 29th, 2012 at 5:05 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Obtaining a child support order and collecting the funds are separate issues. The question of whether or not he is working only has some impact on how much a court will order him to pay, but unless he is totally unable to work and has no income, the will order him to pay something. Collecting what he has been ordered to pay is a totally different problem because if he doesn't have any income or assets the only thing a court can do is order him to get a job or put him in jail for contempt - neither of which creates any money. If you never file to establish a child support order, however, there will never be any incentive for him to do anything, so you should attempt to get some kind of support order and worry about collecting later.
Answered on Nov 29th, 2012 at 4:58 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He cannot pay child support if he is in prison, unless he has money stashed away.
Answered on Nov 29th, 2012 at 4:38 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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In Michigan, guidelines would allow for some support even if the father was not working. The Court may also impute income to him, basically stating what he should be making and then base support on that amount. You should consult with an attorney to discuss support guidelines further and to proceed with your request.
Answered on Nov 29th, 2012 at 4:37 AM
Suzanne H. Lombardi
In Alaska the most that is required from an incarcerated person is $50.00 a month. You can request back child support and if you know that he could be working when he is out of prison then you can file for what is called "imputed income" meaning that the court looks at what he could be making and charges him with that amount. From what you describe you would not be getting much in the way of support. However I would suggest filing as that way you have a record of what he has owed you since your son was born.
Answered on Nov 29th, 2012 at 4:35 AM