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Can he stop paying child support

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tennille1976

Junior Member
What is the name of your state? IL

The father of my daughter use to work as a successful lawyer. However, he has stopped practicing to raise his sons with his current wife. His wife works as the bread winner in the family. He has no income. There is no court order for him to pay, we had always worked things out between ourselves. What can I do? I'm aware that I can take him to court, however, would I receive anything in child support since he does not work?
 


gatorguy3

Member
I would say that

#1, if he used to be an attorney, he knows what he can get away with and what he cannot get away with.

#2, you can definitely file in court for custody and support. I don't know about IL law but, I would have to say he cannot willfully refuse to work. Then again, he has just as much right to custody as you. So if you sue for custody and support, he could countersue for the same. He can win even if he doesn't work. He has the right to be a "househusband" just as a mother has the right to be a "housewife".
 

Phnx02

Member
You definately need to file for a CS order asap. Generally, when the NCP isn't working, the courts will "impute" his income to determine what amount he should pay.
 

kmodek

Junior Member
Get an order NOW!!

In my state (Missouri), they go by the PREVIOUS year's income to figure out the amount to set for child support. I don't know how it would work if he'd not worked for over a year. But with his situation, I would think they would say he is CAPABLE of making X amount of money and since he has a child to help pay for, it's HIS responsibility to go get a job and pay his support.
But you HAVE TO get the order through the court-get it started IMMEDIATELY!! Seriously, DO NOT WAIT!!

I've got a CS order and it was done in 99 for $350/mo., which I agreed to when the actual amount was supposed to be $467/mo. After 3 years, you can get a modification and my ex's income has more than DOUBLED since the order was first made, so it's supposed to now go up to $545/mo.
Well, now that he knows it's going up, he quit working (he's a union floorlayer) and just sits on his butt or works on the side for cash, thinking they'll say 'oh, you have no job, ok, it won't go up...' WRONG.
They're going to look at the previous year's income and say 'You are capable of earning almost $40K/year, so it's YOUR problem you aren't making that money now.
He's such a loser.
 

audster

Member
Ummmmm....
How is NCP supposed to have any life if everytime they make a little more money to better thier lifestyle CP whines about wanting more support? Maybe the ex isn't the only one who's a loser here! :mad:

Just trying to look at both sides!
 

kmodek

Junior Member
OK, I get $900/mo disability, I'm disabled and a single parent.
My ex makes over $3K/mo. and can manage to pay over $500/mo for his girlfreinds CAR, but you don't think his DAUGHTER is worth that?

I'm talking about someone who GOES OUT OF HIS WAY to have NO responsibility at ALL, physically AND financially.
I've been raising her myself ALONE while he's been out partying and living however he wants.

Our order was supposed to be modified 3 years ago and I didn't do it. So, he's had 3 years of NOT paying anything extra, while his income doubled and mine went down by 50%.
The STATE sent me the form notifying me that our order is going to be modified...but I'm 'whining' because I didn't say 'No, I don't need money-I'm lucky if I get the $350/mo. though he could pay that and more in ONE days' work, but no, we'll struggle on by with my $900/mo'
Whatever.
 

nextwife

Senior Member
kmodek said:
OK, I get $900/mo disability, I'm disabled and a single parent.
My ex makes over $3K/mo. and can manage to pay over $500/mo for his girlfreinds CAR .
You stated his GF is working and ex is not. How is it that HE (who is not working) rather than SHE, who has an income, is the one paying for $500/mo HER car. Isn't she paying for her own car?
 

kmodek

Junior Member
No, SHE quit working over a year ago and now sits on her butt doing nothing while HE pays for HER car, but he's complaining about having to pay child support!
 

nextwife

Senior Member
tennille1976 said:
However, he has stopped practicing to raise his sons with his current wife. His wife works as the bread winner in the family. He has no income

Oops. Didn't realize the thread had been hijacked! I thought our original poster was the one talking here.

My bad.
 

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