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im beginning the process of filing for child support for my son's dd. im afraid he is going to lie and say he doesnt have any money and doesnt work. because he works under the table jobs. and he will say and do anything to get out of paying child support. and even has bragged about how he will lie saying he has nothing. should i have an attorney present when i go to court for the case.

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Asked by Anonymous at 2:58 PM on Jun. 24, 2010 in Money & Work

Answers (6)
  • If you can have an attorney present, you should. Depending on what state you live in, different states have different laws regarding child support. Some states are willing to say that "self imposed hardship" does not negate a father's responsibility to pay child support. They will impose all sorts of sanctions on the father until he meets his obligations. This includes confiscating lottery winnings, etc.

    Other states don't feel it's "worth it" to pursue, and the child will go unsupported.

    Answer by Gruntlings at 3:00 PM on Jun. 24, 2010

  • jeez.. i wish i could answer for you, my son's father works under the table as well.. but i have emails from him telling me how much he makes a week whenever i talk to him about nathan.
    so if he tries anything, i'll just send the email in. public assistance is helping me on the child support.. so idk what it's like first hand ;[ i'm sorry since i couldn't help, but maybe you can get an attorney, if you can't afford one.. you have anything recorded from him about his job?

    Answer by kittenripmaygo at 3:02 PM on Jun. 24, 2010

  • I think it would be good to have representation for your benefit; it will not cause a reluctant dad to pay however. I would not count on his support but make sure you are doing everything "by the book" so if you need to do something for the benefit of you and your child, like move to another state to live with your parents for financial support, it will be looked on as you being responsible and not that you are just keeping your child from his father.

    Answer by happytexasCM at 3:02 PM on Jun. 24, 2010

  • I live in Texas and you have to pay, even if you claim you do not work (my son's father did not work, or so he said, while he was in college and he had to pay). They calculate it as a fulltime minimum wage job. Yes get an attorney and if you cannot afford one, try legal aid. Goodluck

    Answer by babycakes254 at 3:04 PM on Jun. 24, 2010

  • If you CAN get a lawyer, do. But it will not necessarily change the outcome.
    In some states, if he is "able bodied" he will be ordered to pay, even if he is not working. Or claims that he is not. You should also report to the court what YOU know about his working under the table... That affected the outcome of my case significantly.

    Enforcement is something different entirely, and you should not ever rely upon, or expect to get paid. My ex presently owes almost $3,000... and pays when it is convenient.

    Answer by ObbyDobbie at 3:06 PM on Jun. 24, 2010

  • Get proof, turn it in. That's all you can do...

    Answer by BEXi at 2:53 PM on Jun. 25, 2010

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