OR? I have a 2 year old son that has only seen his father twice, once when he was born and once when he was two weeks old. His father is on the birth certificate and has been ordered to pay me child support in the amount of $281 every month. He has only paid me twice in two years because of his inability to stay out of jail for more than 3 weeks at a time. He says they can't make him pay if he is incarcerated, which is true he received a modification order to bring his child support to $0 when he is incarcerated. He didn't file taxes so I can't receive money from that and his family doesn't have anything to do with him so they won't help me. The local DA told me there was nothing that CSS could do because he obtained the modification. I work very hard to provide my son with everything he needs, I DO NOT receive state assistance and sometimes it is hard to make ends meet, but I feel that his dad should help me financially even if he doesn't support our son emotionally.

My question is can I file a civil suit against my sons dad for unpaid and future child support? I calculated it out to about $40,000.