Can You Get an Order for Child Support from a Non-Working, Welfare Collecting Parent

[misskkay]

The courts cannot use finances (or lack thereof) in determining custody or modification of custody/visitation. If Mom is genuinely in need, the court can raise Dad's obligation.

(In other words, if she can show she's actually in need of aid, the court isn't going to penalize her either now or in the future)

You need to understand that your (over) involvement can be used against Dad.

And how exactly does that relate to moms "feelings about alienation"? And what do you mean by "raising Dad's obligation"?

[Dogmatique]

Very simply, if you get yourself involved too much in a matter that doesn't legally concern you at all, Mom could allege that your interference is actually a blatant attempt to alienate her from her child/ren. If random strangers on an Internet message board can see that possibility, I'd imagine that the parent can, too.

"Raising Dad's obligation" = he ends up paying more.

[cbg]

The courts cannot force Mom to get a job, and they cannot take finances into consideration in settling custody.

However, they can say, "If you're that concerned about the child's financial stability, we'll just raise your child support obligation".

[misskkay]

The courts cannot force Mom to get a job, and they cannot take finances into consideration in settling custody.

However, they can say, "If you're that concerned about the child's financial stability, we'll just raise your child support obligation".

Dad has no child support obligation. He is the custodial parent and child is with him 100% of the time. Why would he be required to support the mother of his child when the child would not benefit from this support?

[cbg]

Fine. But it's still not going to strip Mom of her rights or force her to pay support, either. Not if she has no means to do so.

[Dogmatique]

Frankly I'd be more worried that Mom can easily lay the groundwork for an alienation claim.

[misskkay]

Very simply, if you get yourself involved too much in a matter that doesn't legally concern you at all, Mom could allege that your interference is actually a blatant attempt to alienate her from her child/ren. If random strangers on an Internet message board can see that possibility, I'd imagine that the parent can, too.

"Raising Dad's obligation" = he ends up paying more.

If my husband filed for child support and declared that his reasoning behind doing so was "wife told me to because she wants to cut my ex out of our lives", then yes I would agree with your assertion that mom might feel a little alienated at that point.

If you are able to, forget about me being in the picture completely. Just imagine a father that is a custodial parent and is looking to file for child support from his ex girlfriend that is unemployed and on welfare. What grounds would the ex girlfriend have for claiming alienation at that point? Because that is exactly what I am trying to describe and get advice on. I am merely a spectator in all of this, and I am looking for advice that would aid him in HIS case.

Dad has no child support obligation because he is the custodial parent and the child is with him 100% of the time due to the current court order, which is why it was suggested by HIS lawyer to file for child support again. There would be no reason to order dad to pay mom child support, considering that money would never be seen by this child.

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Fine. But it's still not going to strip Mom of her rights or force her to pay support, either. Not if she has no means to do so.

So if I am to understand you correctly, a non custodial parent has no obligation to financially support their children from a previous relationship if they are unemployed and on welfare?

[Dogmatique]

Dad is always welcome to post his own questions.

"Dad's girlfriend is pushing him and they're trying to get rid of me".

It happens, OP. It really does happen. You don't have to like it, and you don't have to believe it. But it does indeed happen.

[misskkay]

Dad is always welcome to post his own questions.

"Dad's girlfriend is pushing him and they're trying to get rid of me".

It happens, OP. It really does happen. You don't have to like it, and you don't have to believe it. But it does indeed happen.

So all I need to do to get this question answered is have my husband create a profile and post the exact same questions. Or I can create a new account and a new identity and post the exact same question pretending to be him. Good to know

Oh I believe it Dogmatique, mom has made all types of claims in open court against myself and my husband, and all it got her was a suspension of visitation rights and lost of legal custody. Considering that, I am not too worried about any future allegations she might make. They actually seem to help my husbands case.

[Dogmatique]

Well, then.