Legal Question in Family Law in New Mexico
My childrens dad is on ssi, the state will not grant me child support because of his ssi, however they said if he ever worked then he has to pay, well throughout the last few years he has worked off and on but never paid me a dime. I recently found out he just had two more kids with 2 other women and does not support them either. Is there any law to make him pay or to make him stop producing children he won't support???
1 Answer from Attorneys
If you can document that he has worked and that he can work, you can petition the court for (1) a portion of whtever he earned and (2) support based on imputed income (what he could earn if he worked).
Although ssi can't be garnished it does permit him to make a certain amount of income, and that income can be garnished. However, as you may suspect, you could have to share that with two other mothers.
No, there is no law stopping him from producing children but if you all get together maybe you can get enough court orders to make him go to work. Possibly you could demonstrate to social security that he is not eleigible for ssi and then he would have to go to work. That's all speculation, of course.
Frankly, deadbeats like you describe are just really hard to catch up with and seldom worth the effort.
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