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    Broken-home's Avatar
    Broken-home Posts: 2, Reputation: 1
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    #1

    Feb 10, 2008, 01:23 PM
    How Do I protect myself
    Hello My common law husband left us a month ago for an other woman that he has been dating since October. He is not working and is giving us a hard time. How could I get child support from a man that is not working? What can I do to insure that my daughter gets the money she deserves? Please help me
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Feb 10, 2008, 01:27 PM
    Visit your magistrate judge and inquire about a warrant for abandonment of a child. Usually, this occurs when a parent hasn't supported a child by giving you money for a thirty day period. It is a criminal case, not civil. If he is convicted, he will be put on probation, most likely; and if he doesn't support the child, at some point the judge may send him to the Sheriff's Motel.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Feb 10, 2008, 01:30 PM
    Provided he is the biological father of your daughter George is correct on how to go about this. The fact he is not working is irrelevant to the judge.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 10, 2008, 01:58 PM
    Well first is he listed on the birth certificate, if not has he ever been proved the father by court by DNA. You will need to file for full custody of the child, and request child support to be required though the courts.

    But to be honest read about 1000 questions here and you will find it is going to be a constant fight to get your support, a lot will depend o the local judges opinion of it. First support will have to be ordered, ( if he is not working it will be a min amount that the state requires) if he does not pay it, you file for him to be in contempt, Depending on your state law, several things can happen, some states take away their drivers license first, and next they will put them in jail for a while.
    But this still does not get your money, since he most certainly can't pay while in jail.

    But don't expect to see a check soon, and you need to start making plans on supporting your own family and then hope you will start getting payments some time.

    Also depending on your state, most states don't reconise common law marriage any longer, if your state does, you also need to file for divorce
    Broken-home's Avatar
    Broken-home Posts: 2, Reputation: 1
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    #5

    Feb 10, 2008, 02:22 PM
    Quote Originally Posted by Broken-home
    Hello My common law husband left us a month ago for an other woman that he has been dating since October. He is not working and is giving us a hard time. How could i get child support from a man that is not working? what can i do to insure that my daughter gets the money she deserves? Please help me
    I live in Canada and we are legaly common law and I have filed for support and custedy but he is threatening to take my daughter away from me. How can I charge him with abandonment?

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