Can an illegal immigrant pay child support WITHOUT a job?
My friend is trying to file for child support against her illegal boyfriend, yet he doesn't have a job.
She is on welfare, has no job, and has recently decided to file for child support.
Aside from milking the system, is she making the right decision or just wasting her time and money trying to get the illegal boyfriend to pay for her kid?
I've read that if their income is too low, they can get away from having to pay up since they are illegal and the laws don't pertain to them [talk about unfair].
But what would you suggest?
I want to be able to be there and help her make the right decision.
Answers:
Whether, he is working right now or not she needs to go the Dept of Human Services and start a case against him.
if she is collecting AFDC- the state is already forming a case against him and when he is located he will have to pay back every penny of AFDC she has collected.
If her bf is employed on the books- not being paid under the table- she can collect child support in the form of wage garnishment.
What happens is this:
Dept of Human Services sends a letter to the debtor's employer requesting employment verification- This letter contains a SS# and a birth date along with the debtor's name so that all 3 can be verified to belong to the debtor in question. The SS#, which obviously isn't his if he is in this country illegally will be tagged by the state to watch for when employers turn in their quarterly reports for SUTA and FUTA ( unemployment taxes).
Lastly, she is going to have to find a job if she ever plans on taking care of this child - she might as well start looking.
It is hard to get child support from anyone who has no income. If he had a job, child services doesn't care what his status is, as long as they can get him to pay.
Deporting him will likely put another child on wefare.
As far as milking the system, If she had "milked" the system sooner, and accessed some free birth control, she would not be in the predicament she is in now. Unfortunalty, anti-welfare Neocons have decalred such things "immoral"
As for the no income. In michigan, if there is no income from the defendant, then it is based on minimum wage 40 hrs week.
If she is on welfare, then the state, not your friend, will be filing for support. That aside, it matters not if the non-custodial parent is working. They will either be assessed support at their current salary or imputed a salary based on past earnings and their capacity to earn.
At that time, the state will be due the arrears as an offset against the funds it has already expended for the care of the child through welfare.
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