QUESTION: Can you get child support if the father is financially unstable? Is there any chance I will need to give my son's father (we were never married) child support even if my son who is 2 year old lives with me? I have a professional degree and he lives off his girlfriend. I keep hearing situations where the mom gives the dad child support even if he is a loser.
MY ANSWER: Child Support is based on each party's income and the parties' respective timeshares.
If your son's father has no income, but has some custodial (or visitation) time, there is a fair chance that he could get an order requiring you to pay child support to him, albeit not likely a significant amount.
You could file a Motion to compel your son's father to submit to a Vocational Examination with a Vocational Training Counselor pursuant to Family Code Section 4331 in an effort to obtain expert witness evidence to impute income to your son's father, but you would likely have to pay the examiner's fees.
You could request that the Court order your son's father to attend designated job training, job placement and vocational rehabilitation and work programs, at regular intervals and times for durations specified by the Court, and that your son's father provide documentation reflecting his participation in those programs, pursunt to Family Code Section 3558.
You could request that the Court order your son's father to submit lists of the places where he has applied for employment, pursuant to Family Code Section 4505.
If you are aware of your son's father's employment history, you could perform a LeBass and Munsie classified ad search to demonstrate to the Court that opportunities to bargain are available to your son's father, in an effort to get the Court to impute income to the father.
In sum, if you do nothing, you are at the greatest risk of a Child Support order, whereas if you are proactive, you might receive an award of Child Support payable by the child's father.
You would best be represented by an experienced Family Law Attorney if you choose to so minimize your risks and maximize your potential gain.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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