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As far as I know, it doesn't matter if he has a job. It is his resposibility to get one and be able to pay his child support. If he doesn't pay it he will go to jail. I know this won't help you money wise but hopefully he will pay it and if not he suffers. Good Luck!!!

If he works a job "off the books" then the court will just tell him that he has to find a job. Then they will figure out how much support he has to pay you, so either way, he'll have to support his child. He can do this the easy way and live up to his repsonsibilities or he can do it the hard way and be labeled a dead beat dad and forever have to be hiding money from you and the courts. You can just keep taking him back to court over and over and this will make his life really hard. Should he not show up for court dates and just never send you money, he can be arrested, so let him live in fear about that. You have to show him that you know the law and that you won't back down.

ATTENTION ANYONE GOING FOR CHILD SUPPORT (this pertains to you too): okay... first I have to ask you if he's ever had a job before that was not under the table.... because you can get him for earning capacity.. which is what he COULD be making if he had a job that was on the books... if he doesn't have record of having a job before, he will be set at minimum wage. Either way he's going to have to pay or he's going to go to jail. My ex is headed to court next week for that very thing. So the first thing you will want to do would be to go to domestic relations after your child is born and talk to them about getting support set up. Then you and your ex will have to go to a support conference and bring tax forms.. this will determine the child support. While there... do NOT forget to mention EARNING CAPACITY. Otherwise he WILL be set at minimum wage if last year's taxes don't show an income. Even if he has a college degree... mention that... because I'm pretty sure that would qualify as an earning capacity too... because he's capable of doing whatever his degree is in.

My ex tried the same thing-sort of. He remarried and his wife keeps the books on his OTR trucking job. Not quite getting paid under the table but his income tax reflects that he's gone 26 days a month and makes less than $8000/year owning a truck. This hit just at poverty level for his state of residence, so he knows the Earning Capacity clause.
Your ex should have to prove to the IRS that he is making some income in order to pay rent, ect.
Most states require that a person hold at least a minimum wage job/ Most Aid offices Child support and Employment offices have work programs that are monitored.
Is this an ex boyfriend or husband?
If a child is born or concieved during a marriage, it is automatically presummed that he is the father of the child. The only way out of this is to sign Voluntary Denial of Paternity but it cannot be signed without the agreement from the other man.
Is he planning on his name being on the birth certificate?
He will also have to sign a Voluntary Agreement of Paternity before the baby can be dischared.
Child support laws have gotten stricter, but you have to keep good records.
He will have to get a job paying at least minimum wage on the books or loose his freedom. Even from jail, they have work permits for ligitimate employment.

You could report his boss to the IRS, which will either force him to put your ex on the payroll or get your ex fired.

Seriously. Contact the IRS, and tell them you think his wife is playing with the books. They will be mad, too, because he is paying taxes on $8,000. Your attorney should know this. Stay on him, stay on him, stay on him. These guys want to wear you down. Stay on him, year after year. I know it is exhausting, but they do eventually have to pay. It's worth it.