La Quinta, CA asked in Child Custody and Child Support for California

Q: If my ex partner it’s not working can I still ask for child support.

I already file for child custody a year ago and We got the court order for it, And he has never had my kids with him or called them or be interested in there life, can I get full custody for my kids because of it.

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1 Lawyer Answer

Martha Bronson

Answered
  • Tracy, CA
  • Licensed in California

A: You can ask for it, but if he does not have any earnings, the court is not going to order he pay support just because you ask for it. You would need to file a request for order to ask for a support order and establish that he is capable of working but he willingly does not work because he does not want to. The court will likely first enter a seek work order which will require him to go out and apply for jobs. He would be required to prove to the court that he sought employment by applying to a certain number of jobs each week. The court could also impute wages to him if it were to find that there is a job available to him within his ability to work. Thus, in answer to your question, yes you can ask for support, but be prepared to prove he able to work and that jobs are available for him to take, but he just does not want to work. You should contact DEPARTMENT OF CHILD SUPPORT SERVICES, to assist you I establishing an order for support and enforcing the order. Good luck.

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