Can the court order you to pay even when they know you have no job? 3 Answers as of November 14, 2013

My brother said the court ordered him to pay a certain amount for child support but he's unemployed. He said the judge didn't care but he is ordered to pay. Now his ex won't allow him to get his girls every 2 weeks, since he has not paid. He said it would take about 6 months for him to get an audience with the court. Is this true? It doesn't make sense to me.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your brother is collecting unemployment benefits, support can be ordered, and paid from those benefits.? If your brother has no income, if the Court imputed income to your brother, then the Court can order your brother to pay child support based on imputed income.? If your brother has no income and the Court didn't impute income to him,?but the Court still ordered him to pay Child Support, it would appear that the Court's decision was improper (unless the order was just to pay 1/2 of add-ons - which might be considered a proper decision), but your brother would have a defense against a contempt OSC lack of ability to pay.? If he has a custody or visitation order from the Court, he could file an OSC re Contempt against the girls' mother for refusal to allow his visitation.? It should not take 6 months for your brother's RFO seeking custody or visitation orders to get heard.
Answer Applies to: California
Replied: 11/14/2013
Steven Alpers | Steven Alpers
The judge can order him to pay support even though he has no income on a couple of grounds. She cannot refuse visitation that could be a ground for refusing visitation.
Answer Applies to: California
Replied: 11/11/2013
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
If there is a support order in place you are required to pay it. If you become unemployed the order stands and you owe the money unless you go back to court and get the order modified. Also, even if you become unemployed the court often imputes minimum wage to calculate support to encourage the obligor to get a job.
Answer Applies to: California
Replied: 11/11/2013
Click to View More Answers: