Saturday, August 21, 2010

Will a judge order child support payments from a jobless parent?

In the state of Florida, can a judge order you to pay child support, even if the parent required to pay doesn't have a job? My ex hasn't worked in years, and he flat out refuses to get a job because he thinks that when I request child support payments, he won't have to pay as long as he is unemployed. He thinks that being unemployed gets you ';off the hook';. If you have experience in this matter, I would appreciate ur input.Will a judge order child support payments from a jobless parent?
If he's your ex, why hasn't he already been ordered? Or, was he a STAY-AT-HOME DAD, when you found someone new and took the children away from him since STAY-AT-HOME DADS are considered bums, unlike STAY-AT-HOME MOMS?


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What I know is from California. My husband refused to work and we divorced.





I *was* ordered to pay temporary spousal support and child support. I also had to pay for some career assistance for my soon to be ex. Ruinously expensive, but worth it to get the kids and I away from him.





On the other hand, we have something called the Gavron Warning. It is given to both parents, telling them they are expected to contribute to the support of their children. So he was told to go get a job for his kid's sake.





Well, he piddled that time away, too. When he went before the the judge to report his progress (or lack of progress), the judge got quite annoyed at him. At that point spousal support stopped, and the judge imputed income to my ex. That took care of child support, too - in fact, this time he was ordered to start paying me for that.
Yes, you are required to pay child support even if you refuse to work. The judge has a scale of what you should be making (probably based on minimum wage) and determines your required child support payment from that. Refusing to work does not free you from the obligation of child support. He may go to jail if he continues to refuse getting a job and does not pay his child support. However, that does not relieve him from child support obligations ever if he is incarcerated. It merely accrues and you owe back child support.
I don't know about Florida, but in a lot of states, this is unfortunately true. Also, if he receives social security disability, he doesn't have to pay child support either. Contact the Social security administration and see what they can do for you. My husband received social security benefits called SSA and because of this, our son recieved money each month, almost 400 dollars because of my husband's SSA benefits, until the age of 18. That is too bad that he won't work just so he doesn't have to pay child support.
I have a friend who lives in Florida, had to pay child support, and lost his job. No, he's not your ex. The judge will order him to pay child support unless he files for a change in the support agreement based on his new income (zero).





Regardless, go ahead and request child support.
Yes they will. Sorry he's such a bum though. It'll probably be for a piss all amount though like two hundred.
The court assumes that both parents can at least get a minimum wage job and will use that as stated income even if the person is unemployed.





The system in Florida pretty much sucks ballz anyways.
Its hard to say you can't get blood out of a stone, but he must be gettin money from somewhere to live so yes, he will be ordered to pay something
I'm not certain about Florida but in the state of Colorado and South Dakota child support is based off of income. Take him to court and find out.
The judge can place the order. In some states, he might end up in jail for failing to pay court order support.
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