Baby Sitting in place of Child Support.

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tellyolkeriil

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My jurisdiction is: 96940

Dear Sir/Ms:

My husband and I have been separated for almost a year now and we have three minor children, ages 1, 4, and 8. After I gave birth to our youngest child, I decided to file for a child support. When the girlfriend found out that I was trying to make my husband pay child support, she made him stop working to avoid child support. Right now I barely make ends meet. In fact, I rented out our house in order to pay the mortgage of the house and moved into my parents house. Since he quit his job, my lawyer said that there is nothing we can do to make him pay child support. My question is, can I ask my lawyer to try and make him babysit our children since he is not working which means he is not doing anything and not disabled? Please advise. Thank you.

Sincerely,

Telly Olkeriil
 
His refusal to earn does not negate his obligation to pay. Ask your attorney about "imputed" income for intentional non-earners. Also, his refusal to pay does not keep the overdue CS from accruing until such a time as he has assets or wages to attach. Did you in fact obtain a CS award from the courts?

Have you asked your ex if he wants to watch the kids? What did he say?
 
Google your states child support guidelines to see if an income can be imputed for him. He can still rack up an arrears. The thing is, even if he is told to pay CS there is no way to force him too. I would hope the judge would be stern with him and threaten him with jailtime if he does not pay. I suppose you can ask him to babysit since he is not worrking. That is going to give him significant parenting time. If you feel your attorney is not aggressive enough, find another one. Do you qualify for any government assistance or childcare help?

Good luck
 
If the 96940 jurisdiction is a zip code, then I don't think this case would be governed by US law. OP, you need to consult a lawyer in your area.
 
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