Legal Question in Family Law in Nevada
child support-no income
my husband recieve a petition for child support, the child is most likely his and will be 11 in Dec. has never seen or been informed of him till now. he is unable to work & has not worked for more than 2 yrs. Will they still be able to require him to pay support? or could they try & get support payments from me?
1 Answer from Attorneys
Re: child support-no income
Your husband needs to hire an attorney to represent him in this matter. He should also seriously consider denying paternity and obtaining DNA testing to determine whether or not he is the father of this child. If it is determined that he is the father, then a Court may order child support notwithstanding the fact that your husband is unemployed. The Court will take various factors into account including the income of the mother, your husbands legal duty to support any other children and so forth. The Court will calculate child support using Form 14 and following the Missouri Supreme Court guidelines. In many cases of unemployment the Court can "impute" minimum wage income. This means that the court would calculate the child support as if your husband made minimum wage. Keep in mind that this post is not intended to be legal advice, but simply general advice concerning the law. Your husband definitely needs to obtain legal advice specific to his own situation from a competent attorney as soon as possible. By the way, there is no way that you could be ordered to pay child support under the facts stated in your question. Good luck.