Step parents income & child support

[Supportinfo]

What is the name of your state?What is the name of your state? CA

I have read through a few discussion threads and discovered that step parents incomes are not considered in child support but what happens if the childs Father is not currently working?

 

[dmh]

I have lived in OR and CA, and in both states the stepparent does not have any financial responsibility to the child(ren). Unless things have changed in the last couple of years.

 

[Supportinfo]

Thank you for the response. I was also wondering what would happen to the father. Would he be forced to go back to work?

 

[abstract99]

You cannot legally force someone to go to court nor can you take into account the Step-parents income. The step parent has NO financial obligation to that child. You can howecer, assign him an income if he is trying to claim that he doesn't have one.

 

[abstract99]

I know that it sucks that you aren't getting support but he will just keep going into arrears and you keep getting his taxes until the debt it paid off.

 

[Supportinfo]

Thank you for the response as well. I am trying to gear up for when we do go to court. Basically we have not had a formal agreement since the birth. We have an agreed 50/50 custody. Expenses are split as well. But there will be a time when we do go to court & it would be best to be prepared.

 

[abstract99]

Well good luck to you. I would reccomend tha you get a lawyer because there are so many ways that wording in a court order can be turned around to bite you in the (well you know). A lawyer would be able to make sure that all of your rights are protected.

 

[Supportinfo]

Would you by any chance know what the possible outcome would be if the father isn't working. Would the courts force him to go back to work? Pay support according to his previous income level? etc Thank you in advance

 

[abstract99]

You cannot physically make him work. What are you planning on doing? Going to his house and dragging him to work? It is unlawful for the courts to do it too. If you are asking if they can arrest him if he refuses to work then the answer is no. In all honesty he more than likely won't be assigned any child support. The courts will assign him an income which will probably be close to min wage.... you both share custody and expenses.... therefore CS might not even be ordered.

 

[abstract99]

And yes.... depending on the circumstances.... the support can be assigned at his prior income level. If there is a sound reason why he is not working then chances are slim.

 

[Supportinfo]

Thank you again for the information. I believe that he might want to go to court or to a mediator in order to get things permanently in writing. I just wanted to know how it would play out, options, etc.