Will my ex be required to pay child support if his doctor took him out of work?

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Will my ex be required to pay child support if his doctor took him out of work?

My ex and I were never married and we have a 18 month year old son. My ex hasn’t ever paid child support but I still let him spend the day with him once a week. I have never taken him to court but I am getting tired of him not helping me out financially at all and expecting to see him every week. My ex recently was put on light duty at his job because he hurt his back pretty bad but since he does heating and air there isn’t any light duty work for him to do. So he hasn’t worked the past 2 months and tells me if I took him to court for child support I wouldn’t get anything. Is this true?

Asked on August 14, 2011 Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) First, as a practical matter, you can't get blood from a stone. If he simply doesn't have any money, they no matter what a court says, you're not going to get it from him. If you think he does have or could get money and  is trying to hide it, that's a different matter; but if he really doesn't have income or assets, you can't get anything from him.

2) If there is no child support order yet in place, in considering what he can and should pay, the court will consider his income, his prospects for work, his health and medical expenses, etc.--he might have a very low support amount set.

3) If there is a child support order, he may be able to get it modified or reduced, if his finances have taken a long-term or permanent down turn beyond his effective control.


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