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Can i get Child Support even if the father is not working?

San Jose, CA |

The father of my two children is not working can i still file for child support and receive help?

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Attorney answers 2


Yes, assuming that the father has assets from which he can draw to pay toward the support of his children.
And, yes, if he could be working but is not doing so in order to avoid his support obligations.

But if we are talking about someone who is just plain broke and has no options and no assets, well, the courts have long understood the legal maxim: "You can't get blood from a stone."


You can always ask for a support order. If it is inappropriate to issue one, the court wont issue one. Sometimes a parent is not working simply to avoid a support obligation and this can be addressed by the court imputing income based upon what the parent should earn if working. Have you talked to your local child support services?

Best of luck to you.

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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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