HomeChild SupportWhy doesn’t the mother have to pay child support?
Posted in Child Support on 6th February 2012

Why doesn’t the mother have to pay child support?

Article by Jill A. Duffy

Both parents are responsible for supporting their child. A child has an inherent right to the support of his or her natural or adoptive parents. Most states calculate child support with a formula. The guideline calculation takes into consideration:

How much money the parents earn or can earn, How much other income each parent receives, How many children these parents have together, How much time each parent spends with their children, The actual tax filing status of each parent, Support of children from other relationships, Health insurance expenses, Mandatory union dues, Mandatory retirement contributions, The cost of sharing daycare and uninsured health-care costs, and Other factors.

If you believe you are paying too much support, you should file a petition to have your child support amount recalculated. In most states a “change in circumstances” is required. I would need to know more about your case to determine if you have had a sufficient change in circumstances. A change in circumstances can be a change in the amount of time you see your child, a change in either party’s ability to pay, increased travel expenses or any other factors courts in your jurisdiction consider.

Additionally, if the child’s mother is voluntarily unemployed it may be possible to have income imputed to her. Imputation of income allows the court to credit what she should be making, if employed. Child support orders and modifications may be based on earning capacity even in the absence of a showing the obligor intentionally and deliberately sought to avoid family financial responsibilities. If income is imputed to her, it is likely your support obligation will go down.

You should contact an attorney who is licensed in your jurisdiction to further discuss the specifics of your situation.

 

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