Can the DA enforce a child support order when there is no income?

My husband has not worked in over a year due to back problems. we are applying for social security but fighting that as well. He has No income, and all my income goes to paying bills. Can the DA enforce the order when there is no income?

Asked on September 23, 2010 under Family Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As an old saying goes, you can't get blood from a stone. If your husband has no income, then regardless of the legalities, there's nothing they can take in terms of continuing income. If there are assets, like savings, property, investments, etc. belonging to your husband, those assets could potentially be reached; but if there are no assets as well as no income, your husband is essentially what they call "judgment proof." Your husband may be forced to demonstrate his situation and that he has made good faith efforts to comply, and if it looks like he's hiding something, he could suffer penalties for that; however, if he's been trying to pay and just has nothing, he *should* be ok. For a more definitive answer, you should consult with an attorney who can evaluate your situation in depth; if you can't afford an attorney, try your state's legal aid society. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.