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Does he still have to pay child support if he doesn't have a job?

Posted by on Apr. 17, 2014 at 9:51 AM
  • 25 Replies

 My 3 year old son's father is the definition of a deadbeat dad. He is 32 years old and has never had a job in his life (not a paper route, not a pizza delivery boy-- nothing). He is totally happy living off his parents for the rest of his life.  In the 3 years my son has been on this earth, he has "bought" diapers 4 times (aka- his mom bought them). I have been thinking about requesting child support; I provide my son with everything he needs but I could still use even just a little extra help nowadays, however I'm afraid I'll be opening up a can of worms for nothing. Is he still responsible for paying child support if he doesn't have a job? He is not disabled- he has the physical capabilities to work. But he is one of those people that will avoid employment at all costs if he knows he's going to owe anything to anyone- even his own son. I live in NY, but I'm not sure of the laws on child support; I've heard different things and can't seem to get a straight answer. Does he owe his son anything? Can anything be done in this situation? Thanks for your kind advice!

by on Apr. 17, 2014 at 9:51 AM
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Replies (1-10):
krisnkids
by Gold Member on Apr. 17, 2014 at 10:04 AM

You can file and the judge may impute a minimum wage and require him to pay child support. He may never do it but it will add up over the years. One day he may grow up....

notuseless
by New Member on Apr. 17, 2014 at 10:06 AM
1 mom liked this
Yes they set it by minimum wage
virginiamama71
by Carrie on Apr. 17, 2014 at 10:06 AM

 I would not bother with someone like that. He has lived this long without working and will die not working. You can file but will never see a penny. It's very sad.

RalphsMommy123
by on Apr. 17, 2014 at 10:08 AM
Ive been on child support since my son was born. Apparently his father hasn't had a job since my son has been born. (Last January) I dont recieve any money but I always get these letter of what he owes. We are in the thousands right now. Once he gets a job they will start taking money put of his checks. You can apply but you may not recieve anything if he doesn't have a job. It all will add up tho and it will be taken out of his checks once he gets a job.
Singlemama52
by on Apr. 17, 2014 at 10:13 AM
Yes, they will set it as minimum wage and what he is capable of earning.
wendythewriter
by Bronze Member on Apr. 17, 2014 at 11:17 AM

Yes. They'll calculate child support as if he was working 40 hours a week for minimum wage, and the amount will simply acrue if he doesn't pay. I'm not sure how it works in NY, but in FL, over time, he'll be held in contempt and they'll suspend his license, put him in jail, etc. 

You'll likely never see the money, though. My ex owes almost $29K in child support. Last time he got put in jail, he paid $50 toward that $29K and got out. But even though you'll nevver see the money, it's still worth filing. Child support, once far enough behind, can prevent him from getting a loan for a car or a house, and that can be a motivator to finally pay if he decides he wants that. 

teapartydiva524
by Member on Apr. 17, 2014 at 11:46 AM
1 mom liked this

In Ohio the judge will sometimes issue a seek work order if he is employable.  If he doesn't get a job he goes to jail for contempt of court.  Also, if he accumulates an arrearage it can bring felony charges on him.  I just looked up New York's penal code and the first offense is a class A misdemeanor, $1000 fine, and 1 year in prison.  Any subsequent offense would be a class E felony, $2,000 fine, and 2 years in prison.  In Ohio I believe they have to be non-compliant for 26 weeks out of a two year period.  It would also affect any government benefits he would ever try and obtain.  I think it's always worth it to file. Sorry.  I feel like this reply was all over the place.

ChangingLanes
by on Apr. 17, 2014 at 12:37 PM
2 moms liked this

I wouldn't bother....it will be more of a headache for you in the end. If you can take care of your son and he wants to do nothing.....let him. 32 yrs old and never having a job...he won't get a job because the courts tell him to....back and forth to court....the constant reminder he is a douche....and all that for maybe $60 a month...if you even get it...his parents might pay it...they sound like hardcore enablers....

I am saying this from experience.....its just not worth it...I am all about NOT ADDING stress....but getting rid of it...I spend my energies taking care of my kids and not trying to raise another one that is suppose to be an adult...

virginiamama71
by Carrie on Apr. 17, 2014 at 12:38 PM

 I agree.

Especially if the Mother for 3 years has financially done everything, what will you get from him but more problems and no results.

 

Quoting ChangingLanes:

I wouldn't bother....it will be more of a headache for you in the end. If you can take care of your son and he wants to do nothing.....let him. 32 yrs old and never having a job...he won't get a job because the courts tell him to....back and forth to court....the constant reminder he is a douche....and all that for maybe $60 a month...if you even get it...his parents might pay it...they sound like hardcore enablers....

I am saying this from experience.....its just not worth it...I am all about NOT ADDING stress....but getting rid of it...I spend my energies taking care of my kids and not trying to raise another one that is suppose to be an adult...

 

virginiamama71
by Carrie on Apr. 17, 2014 at 12:39 PM

 When you met him over 3 years ago how long until you found out he has never worked a job in his life?

Has he spent most of his adult life in jail?

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