Q: What are the rules for collecting child support from a father that is unemployed and does not collect unemployment.
There has never been a court order, child support and visitation was paid in mutually agreed upon manner and verbal agreement. Things have now gotten worse and he wishes to seek legal visitation/custody agreement but is afraid the mother will take him to court for child support arrears and claim that he has never supported the child. Being that he is not working, and there has never been a court order, can he be ordered to pay arrears, and since he is not able to, what legal actions can NYS take (Can he get arrested?) The child is 6 years old and he is listed on the Birth certificate as the father. Also, can the judge hold against him that there has never been a court order? They were never married.
A: There can be no "back" child support without a court order of an agreement signed and notarized by both parents. Future child support can be ordered by a court and it can do so on his ability to earn not on what he is currently earning if at all.
Charles Oliver Wolff agrees with this answer
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