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I have served my childs father with child support papers. He says he will not fill them out and return them till he is laid off.

Montclair, CA |

He says hes going to does this so he doesn't have to pay or if he does not much at all. He works for a labor union and makes great money but is laid off for short periods of time and plans on saying he cant make payments because he doesn't work. Will they look at his income for the time he is working or only what he states on the forms that hes laid off. Basically he is going to wait two weeks when he was told he was gonna be finished with the job hes on then turn in the papers claiming hes out of work and broke. Is there anything i can do to prove what is going to do or that in fact he does have a good job just doesnt wanna pay.

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Attorney answers 1


It is common for the court to use a party's year-to-date income and/or W-2s to show the annual income of the party. This is very useful when a party has varying income during the year (like here). Both parties must bring income information to the court hearing (including paycheck stubs and tax returns). With information showing that the opposing party earns a good income annually and, you explain the issues to the court regarding his periods of unemployment due to his union position, it is plausible that the court will apply an average monthly income to the opposing party and you will leave your hearing with a support amount that you feel is fair.

DISCLAIMER: This answer and any information contained herein are intended for informational purposes only and should not be construed as legal advice. You should always seek competent counsel for advice on any legal matter.