Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Please help! I am separated from my husband and we have a 4 year old daughter together. He refuses to pay child support and he comes and goes in and out of our child’s life. I really don’t want to file for divorce or separation at the moment, but I do want him to see his daughter consistently and pay child support. He gets paid well under the table and he basically shows no income. I make good money and I’m afraid if I do file I will end up paying him support. Is this possible that he can pay child support and that I may end up paying him since there is no proof of his income? Thank you.”
Question: Unfortunately, situations like this can often be quite messy, as you will need to find a way to determine his true earnings. Some states, however, have a provision in the child support code which allows one to impute income to the spouse who is claiming no or a reduced income. In other words, the Court will determine how much they think that your husband *should* be earning, and set support based on that amount. All that said, and particularly as you are also concerned about your husband remaining in your daughter’s life consistently (for which you are to be commended), your best bet would be to try to negotiate an agreement outside of court, which can then be blessed by the court and become a court order.
