Sunday, February 3, 2013
CAN MY EX HUSBAND GET CHILD SUPPORT FROM ME IF I AM UNEMPLOYED?
QUESTION: I am a stay at home mom. I am remarried with 2 children. I have a previous marriage/divorce and a daughter. In 12 yrs I have only worked for 2 years when my current husband was out of work. My ex husband wants child support for my other daughter. I have no income. If I go to work, I will have to pay for child care for my other 2 children. which we are highly against. Can he get support? I am a noncustodial parent of my daughter with my ex-husband.
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MY RESPONSE: It is unlikely that your ex-husband can get an Order for Child Support against you under those circumstances. In order to get such an Order, if you are not employed, your ex-husband would have to persuade the Court to impute income to you, i.e., he would have to prove that job opportunities exist in your locale that you are qualified for. There is a possibility that the Court could issue a seek work order to require you to seek work, since both parties are responsible for the support of their children. A lot of parents need to put their children in child care to accommodate their need to work to earn money, so a mere objection to putting your child/children in child care, without more, may not be persuasive to the Court.
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