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Deadbeat Dad

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StrugglingMom

Junior Member
What is the name of your state? California
Hi, I have a couple of questions reguarding child support laws. The father of my child refuses to take responsibilty for her. He refusesto get a job because he does not want to have to pay me child support. He has worked under the table for his father although I have no idea how to prove it, his father pays his rent for him and gives him money all the time, but he never uses any of that money to help support our daughter. Is this illegal at all? How can I prove he worked under the table? I live with his father, and his father is throwing me and my my 15 month old baby out at the end of the month even though he knows I have no money and no place to go and will end up on the street. All because he wants my ex to move back home so he won't have to pay his rent anymore. Is there anything I can do? Is there any way I can bust them for this? The court won't even issue an order for child support since my ex doesn't have a job. What can I do before my baby and I end up living in a gutter somewhere? Sincerely, one terrified StrugglingMom
 


BelizeBreeze

Senior Member
StrugglingMom said:
What is the name of your state? California
Hi, I have a couple of questions reguarding child support laws. The father of my child refuses to take responsibilty for her. He refusesto get a job because he does not want to have to pay me child support. He has worked under the table for his father although I have no idea how to prove it, his father pays his rent for him and gives him money all the time, but he never uses any of that money to help support our daughter. Is this illegal at all? How can I prove he worked under the table? I live with his father, and his father is throwing me and my my 15 month old baby out at the end of the month even though he knows I have no money and no place to go and will end up on the street. All because he wants my ex to move back home so he won't have to pay his rent anymore. Is there anything I can do? Is there any way I can bust them for this? The court won't even issue an order for child support since my ex doesn't have a job. What can I do before my baby and I end up living in a gutter somewhere? Sincerely, one terrified StrugglingMom
There is one little fact you didn't bother to include. Care to know what it is?

Ahhhh nevermind, there it was at the bottom of this diatribe.

No court order for support then no legal obligation to support.
Now, that was easy wasn't it?
 

GrowUp!

Senior Member
StrugglingMom said:
What is the name of your state? California
Hi, I have a couple of questions reguarding child support laws. The father of my child refuses to take responsibilty for her. He refusesto get a job because he does not want to have to pay me child support. He has worked under the table for his father although I have no idea how to prove it, his father pays his rent for him and gives him money all the time, but he never uses any of that money to help support our daughter. Is this illegal at all?
Is it illegal NOT to pay court-ordered child support?

Yes.

Is it illegal not to work?

No.

Oh...there isn't a court-order for support.

How can I prove he worked under the table?
Can you get pics of where he works? Also, is he working under the table or a subcontractor? There IS a difference. Does he recieve 1099's at years' end?

I live with his father, and his father is throwing me and my my 15 month old baby out at the end of the month even though he knows I have no money and no place to go and will end up on the street. All because he wants my ex to move back home so he won't have to pay his rent anymore. Is there anything I can do?
Judging from the "sound" of things, you two were never married. WHo's name is on the lease? What can you do? Get a job now and look for an inexpensive place to reside for now.

Is there any way I can bust them for this?
Bust who?

The court won't even issue an order for child support since my ex doesn't have a job.
I find that very (I mean VERY) hard to believe. They would just impute an income.

What can I do before my baby and I end up living in a gutter somewhere?
Not to sound cold-hearted, but that is your problem. You are responsible for yourself, not the taxpayers.

EDIT TO ADD: has an Acknowledgment of Paternity been signed or a DNA test done that proves him to be the BIO dad??
 

NotSoNew

Senior Member
and there is nothing illegal about his father supporting him, paying his rent, giving him any money he wants. and that money can not be counted as income.
 

AHA

Senior Member
StrugglingMom said:
What is the name of your state? California
Hi, I have a couple of questions reguarding child support laws. The father of my child refuses to take responsibilty for her. He refusesto get a job because he does not want to have to pay me child support. He has worked under the table for his father although I have no idea how to prove it, his father pays his rent for him and gives him money all the time, but he never uses any of that money to help support our daughter. Is this illegal at all? How can I prove he worked under the table? I live with his father, and his father is throwing me and my my 15 month old baby out at the end of the month even though he knows I have no money and no place to go and will end up on the street. All because he wants my ex to move back home so he won't have to pay his rent anymore. Is there anything I can do? Is there any way I can bust them for this? The court won't even issue an order for child support since my ex doesn't have a job. What can I do before my baby and I end up living in a gutter somewhere? Sincerely, one terrified StrugglingMom
Sorry, but it has to be asked.
What great parenting and financial planning skills in daddy did you think was perfect for having a baby with him?
You need to find a job asap. Surely you have at least one familymember or friend you can stay with for a few days?
Get a paternity test done and file for cs.
 

GrowUp!

Senior Member
BelizeBreeze said:
Actually, that is NOT correct based on the limited facts in the post.
I was simply speaking in general terms. After I noticed you pointed out that there was no actual order for support, I added the "oh, there isn't an order for support."

We both know she is owed squat.
 

rmet4nzkx

Senior Member
StrugglingMom said:
What is the name of your state? California
Hi, I have a couple of questions reguarding child support laws. The father of my child refuses to take responsibilty for her. He refusesto get a job because he does not want to have to pay me child support. He has worked under the table for his father although I have no idea how to prove it, his father pays his rent for him and gives him money all the time, but he never uses any of that money to help support our daughter. Is this illegal at all? How can I prove he worked under the table? I live with his father, and his father is throwing me and my my 15 month old baby out at the end of the month even though he knows I have no money and no place to go and will end up on the street. All because he wants my ex to move back home so he won't have to pay his rent anymore. Is there anything I can do? Is there any way I can bust them for this? The court won't even issue an order for child support since my ex doesn't have a job. What can I do before my baby and I end up living in a gutter somewhere? Sincerely, one terrified StrugglingMom
You have left out many facts, therefore I suggest you head down to your county's superior court and the Family Law Facilitator's office, legal aid, the welfare office and start by filing to establish paternity if it has not already been established. Legal aid can help you if you are being evicted. Do you work, are you or baby on state aid or Medi-Cal?
 

BelizeBreeze

Senior Member
Blonde Lebinese said:
Old Today, 09:32 AM
BelizeBreeze BelizeBreeze is online now
Senior Member

Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 18,126
Quote:
Originally Posted by GrowUp!
Is it illegal NOT to pay court-ordered child support?

Yes.
Actually, that is NOT correct based on the limited facts in the post.
Reply With Quote

Maybe you two would care to pick on breeze , go ahead try it out for size ??
Pick on me for what? Stating the correct answer?

Illegal (i.e., a crime) Based on the exact fact listed in the post, not paying child support in this instance is NOT a crime. In fact, not paying child support does not rise to the level of a crime until (federally) the arrears reach $5,000 and in each state, the threshold is different.

What we have here (in my best Strother M artin impression) is a civil violation, nothing more.
 
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