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


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.

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