No income; still have to pay child support?

Asked over 2 years ago - Wilkes Barre, PA

My best friend is divorcing her husband. He has a daughter from his previous relationship. He currently doesnt have an income because he doesnt work. He hasnt worked for almost a year now after getting fired from YET ANOTHER JOB. For some reason my best friends soon-to-be ex-husband has her paying for his child support! He claims if he doesnt pay, he will be jailed. Is this true? He also claims that if the child support ends that his ex-firlfriend and his daughter will be kicked out of low income housing because they will have no money to pay for rent... Arent low income housing for people with low or no incomes? Is there a possibility that she could get kicked out of housing for losing child support? And if he has no income is he still liable for the monthly child support payments?

Attorney answers (1)

  1. Michelle A. Fioravanti

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    Answered . Really? Your friend is paying her soon-to-be-ex-husband's child support? Wow.

    Yes, he could go to jail if he doesn't pay the support. If he doesn't pay court ordered support he could be found in contempt and jailed. A lot depends on whether he has a history of not paying support. A judge may be more inclined to give him a chance if this is first time falling behind, but not if he is a repeat offender.

    And yes, he is still liable for monthly support payments if he has no income. He can petition the court to modify his order if his financial circumstances changed. But if the court finds he should be working and his not working is of his own choice it may impute income.

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