Asked 4/30/2010
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Child support help please 1. how can my husband avoid going to jail if he don't have any income from no source to pay that mean no body to help him and he been tring to find a job but nothing and child support is due?
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Answer 1/1 - Submitted 7/12/2011
Question 1. He must file a modification of child support if the child support owed was calculated when he was working. since he is no longer working, the modification would reduce the ammount owed. He MUST work to provide the child support. The child support office will not care if he can't find a job. They WILL incarcerate him. He needs to work anywhere. He should apply to all known souces ( including B.K and MC.D's) also he needs to go to the unemployment office. If he does not qualify for unemployment they will help him search for a job in their database.
Question 2. The mother of the child does not need to list him as the father on her food stamp application. There is a clause on the food stamp application which states that she must provide the father's name. This clause is so that the food stamp office can enforce child support laws on the father. However, there are circumstances in which she DOES NOT have to list the father ( if she fears for her safety, if she doesn't know the father, if she was raped, if she wishes to withhold that information for personal reasons. etc.) she may do it this way. The food stamp office would then review the case and make their determination. This is on a case by case basis. By her going that route it may also jeopardize the mothers ability to receive public assistance if the food stamp office determines that the reason for ommiting the father was not valid enough to them..
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