Asked 10/18/2009
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How is support calculated if father is on unemployment, and will not find a job? My daughter is trying to file a divorce, with little or no money. Her husband walked out, he chose alchol over his family. My daughter has a 5 yr old and a new baby on the way, my son in law has been on unemployment for 5 months. He actually got a 15.00 an hour job for 2 weeks, then quit. He can't do without the alcohol at work. He just quit the job, stated he can be at home and collect unemployment. My daughter is so stressed. She just wants out, but my son in law took out 2 personal loans, which she knew nothing of....but now she's stuck making the payments so her credit won't go to hell.. she's trying to make the bills on her income, he still spends 75.00 to 125.Oo a week on alcohol. Where can she go for legal help. She needs out, but she said that child support would be nothing, he gets 1000.Oo a month on unemployment. He was making a very good living, making over 15.00 an hour. Now he refuses to work, this keeps child support to nothing. It's just not fair. He went from making 2500.00 a month to 1000.00 a month. What can we do? Where can she go for help? Not to mention that there is no insurance since he quit his job. I child and 1 on the way, no insurance.. what a mess........... |
Answer 1/7 - Submitted 10/18/2009
What state is your daughter in?
Almost all states have mandatory work programs for the obligor parent. The state assists them , vigourously, in finding employment.
You daughter need to see an at ty and get some advice on those loans, Why are you under the impression she is responsible and those loans will be on her credit report? If they are in his name solely, they are not her legal reposnsibility. Unless she cosigned, she cannot be liable for the debts of others married or not. ( just like one spouse can file for bankruptcy)
She is hopefully income eligible for legal aid
for the closest office www.lsc.gov
if she is not low income enough, ask legalaid for some advocay orgs that maight help file this divorce.
Child support will be calculated on what he USUALLY earns, in most states, and they wil take a great chunk of his unemployment up to 65%. ; there are "special rules" for those that are voluntarily under employed or unemployed.
First she has to get an order for temporary support by getting her divorce filed. If she wants to urry the process along, she needs to file for benefits, WIC TANF , and section * housing. Once she is receving benefits , the state will vigorously go after hum , ass he has to repay these benefits to the state.
Answer 2/7 - Submitted 10/18/2009
First of all your daughter should apply for state benifits, she will get cash benifits ,medical and food stamps, and at the same time the state will also prusue the father for child support. She only has to sign giving her consent to the child support services, this is required when applying for state benitits. Your daughter can also apply for WIC, this is program that helps mothers with food fo children under the age of 5, and for the mother while having a baby. You can find both the WIC and the welfare phone numbers by going to the blue pages of your phone book under government. Your daughter also neds to decide what she plans on doing , if she is filing for divorce or just for custody, but she will want to do this asap, once the court grants her custody or joint she can move on, I can tell you this if he is getting unemployment he will have to pay support out of that. Being an alcoholic is a promblem and if the father did not change for his familt I dalt that he will hold a job. As for his leaving your daughter with alot of bills, the court can order for him to pay half of those bills, but getting the money is another story, if your daughter is paying the bills so her credit will not be hurt, and the court orders the father to pay half, she can keep the receipts and take him to small claims court fo get a judgement for his half, that way her credit won't be hurt by her paying the bills on her own first. Your right this is not fair, to the mother or the child, but the father is also hurting hisself as well, in the long run he will distory himself with the bottle if he does not get help.
Answer 3/7 - Submitted 10/19/2009
Answer 4/7 - Submitted 10/19/2009
If she goes through the Attorney General's office for child support, they can get a history of how much he has historically earned. Whether or not she uses the Attorney General's office, she can ask the court to attribute income to him for at least minimum wage. The AG's office can get a better idea of how much he has earned and how much should be attributed to him. If the court uses minimum wage for him, they will calculate support giving him credit for earning minimum wage at full time employment.
Answer 5/7 - Submitted 10/19/2009
Answer 6/7 - Submitted 10/19/2009
Thank you sooooooooo much. my daughter lives in florida.. yes she does want to file for divorce, but lawyers cost an arm and a leg. my son in laws parents are well to do and can afford anything he wants, which is scarey when it comes to my grandson. i worry so that he will drive drunk with my grandson in the car. i hope to find a lawyer or judge that will enforce rehab or make him blow into a breathalizer before he takes my grandson.my son in law took out the line of credit at the bank that holds the mortgage to their house. if he defaults on the payment their house may be in jeopardy. he worked at this bank........ and quit.... thanks again for answering all my worries.....kim
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