Legal Question in Family Law in California

Re: what if he doesnt have a job?

This is the 3rd time I have written this in 2 days: open a child support case through the county -- ITS FREE! They have applications online. Dept of Child Support Services, I've previously listed the website, it's easily found on a Google search.

Father has a legal obligation to support his kids, and for your question, in the usual case, he's not working because choice basically, he's lazy, has a drug problem, etc., not because he has some disability (which would change my answer). Even if he's not working, the court can "impute" income based upon what he reasonably should make -- minimum wage -- and you'll get at least something. If he doesn't show up, it's $400/month or so when I last looked, on the county's "default schedule." That money is non-dischargeble in bankruptcy and never expires, meaning it follows him for life.

One reason you would hire me, an attorney, instead of the county is the county is slow, it will take months to get your court order, and second, they won't take the time to investigate his real income and try to get you a higher child support award.

Your choice is based upon your income/resources and the father's circumstances (whether he's just working under the table, etc.).