In November 2012, I left my husband due to a domestic abuse arrest (against him)~which also resulted in additional drug charges (pot, esctasy, mushrooms, meth~and multiple firearms~I was unaware he was a felon, and unaware of the extent of his drug abuse~since he lies and did a good job of sneaking around behind my back)... anyways~he works at his dads bar (his dad owns the business, the property, the house, his vehicle~everything is in his dads name)... my husband does not have a bank account, and has not filed taxes in 8 years (since his father bought the bar). My husband works at the bar for room and board~and just keeps his cash tips. I am staying with my mom and also bartend (on the books). What can I expect? Since he has no income or assets?
Divorce / Separation Lawyer
You file a motion for child support and argue that ex is capable of earning X amount of gross income per month. The court can consider earning capacity in setting support. This is not an uncommon situation and, at a minimum, you have an argument to say ex could work full-time at minimum wage. Collecting the support is a different matter, but it is still better to have a support order in place. Hope this helps!
My answer does not make me your attorney or create a former-client/current-client relationship with you. I encourage you to speak with an attorney before acting upon any of the statements I make. If you would like to speak with me further about your issue, please schedule a free initial consultation (in person or over the phone) by calling my office at (920) 459-8490, or by emailing me at firstname.lastname@example.org. You can also visit www.klpplaw.com for more information.