If the father of my son has no job and advised of his current wife not to work to get away from child support. Can I still file child support to the father of my son?
Answer
Yes, but you have a bit of a road ahead of you. The wife's income would not be available for child support anyway, so don't worry about that issue. You can file for a child support determination regardless of his work status. If he is not working, you can ask the court to issue a find-work order. If he refuses to agree to a find-work order, he can be ordered to pay what he would owe based on what he would earn if he was working in his usual line of work or any work he reasonably could get. If he accepts the find-work order, he will not be ordered to pay support until he actually finds work, as long as he keeps trying to find work in accordance with the find-work order. If he fails to comply with the find-work order he will be ordered to pay, again, based on what he could earn. It may require a lot of trips to court to go through all that, though.
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