• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child Support Reduction for Work at home Mom?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

talisman

Junior Member
What is the name of your state? va

My current child support obligation is $1277 per month. $600 for child care and $677 for child support based on my salary and hers. Her mom was watching our daughter while mom was at work and we were paying her $1000 per month.

We are not married and she lost her job 2 months ago. I belive I no longer have to pay child care costs now b/c she is at home however she is stating that she is trying to start a home business on the internet and still needs her mom to watch our daughter during the day. She is also getting umemployement. I plan on taking her to court on this. Would a judge still make me pay child care costs even though she is at home with her? I am willing to pay more child support b/c she is not working - I figured about $850. At one point she said I should be paying her more that $1277 b/c she no longer makes 50k. I make 85k. Any advice would be helpfull...thanks.
 


Shawna

Member
I say file for a modification. You will probably be paying the same amount though. Use a online child support calculator for VA and run the numbers. Good Luck!


talisman said:
What is the name of your state? va

My current child support obligation is $1277 per month. $600 for child care and $677 for child support based on my salary and hers. Her mom was watching our daughter while mom was at work and we were paying her $1000 per month.

We are not married and she lost her job 2 months ago. I belive I no longer have to pay child care costs now b/c she is at home however she is stating that she is trying to start a home business on the internet and still needs her mom to watch our daughter during the day. She is also getting umemployement. I plan on taking her to court on this. Would a judge still make me pay child care costs even though she is at home with her? I am willing to pay more child support b/c she is not working - I figured about $850. At one point she said I should be paying her more that $1277 b/c she no longer makes 50k. I make 85k. Any advice would be helpfull...thanks.
 

talisman

Junior Member
I am really just trying to figure out if she would still get child care costs for her mom if she is at home during the day but says she is "working"
 

Shawna

Member
talisman said:
I am really just trying to figure out if she would still get child care costs for her mom if she is at home during the day but says she is "working"

I don't think so without proof of income from said business. Hopefully someone else can chime in here.
 
You will have to pay for the child care until you file for a modification if it is part of the current order.

Not a lawyer, but to me it seems if she is going to claim she needs the child care because she is working from home, then she would be unemployed voluntarily and they would impute her income to what she was making in her last job, since that is what she has proved she can make. I don't see the courts expecting you to suplement her income so that she can try and start some internet business.

Plus it would probably interfere with her unemployment benefits if she was working from home and not actively seeking lucrative employment. Do you know why her last employment ended?

I think she is blowing smoke...trying to get you to stay with the status quo.
 

talisman

Junior Member
She was laid off from her job. I have already told her I am going to file for a change if we cant work out a reduction in my support. I just dont want to pay all the lawyer fees if a judge says "well shes trying to start her own business so she needs child care costs"

Also, it doesnt really matter if a judge makes her pay what she was making at her previous job b/c she is not paying anyone! we have joint legal custody but she has full custody and I get visitation on weekends.
 

NotSoNew

Senior Member
well i will tell you this. when my husband when to court he asked that an income be imputed (assigned) to mom because she wasnt working. They said they would but then they would also assign day care costs. Since mom in your case has in come, its my understanding that the daycare costs will stay. Sure shes not paying you anything but your support is reduced because of her income, if her income went to zero your support would be increased. Unless the increase is less then what you are paying now with daycare costs?
 
NotSoNew said:
well i will tell you this. when my husband when to court he asked that an income be imputed (assigned) to mom because she wasnt working. They said they would but then they would also assign day care costs. Since mom in your case has in come, its my understanding that the daycare costs will stay. Sure shes not paying you anything but your support is reduced because of her income, if her income went to zero your support would be increased. Unless the increase is less then what you are paying now with daycare costs?

Yeah, that is the thing. If her income is 0 his cs is 852 without any daycare cost.
Currently he is paying 1277 with the daycare and cs combined..

And yeah SP, how much you wanna bet grandma is really only getting dad's share of the daycare costs ($600.00). Pretty sweet deal mom and granny worked out for themselves. ;)
 
Ithildriel said:
And yeah SP, how much you wanna bet grandma is really only getting dad's share of the daycare costs ($600.00). Pretty sweet deal mom and granny worked out for themselves. ;)
...that's what seems irritating. You KNOW mom isn't paying her mom her half of daycare out of her unemployment (which is hardly enough to live on). What a sham. Plus, I don't think you're supposed to get unemployment while you start a home business.
 

talisman

Junior Member
what im am hoping is that the judge will see her income is 0 and I will pay 850 w/out child care costs since she is not employeed. What are the chances of this? Why would a judge grant her child care costs if she is home all day? Would they see her starting a business as a legitimate need to continue child care payments? How does her recieving unemployment factor into this?

Thanks.
 
AmarieNorton said:
...that's what seems irritating. You KNOW mom isn't paying her mom her half of daycare out of her unemployment (which is hardly enough to live on). What a sham. Plus, I don't think you're supposed to get unemployment while you start a home business.
The whole thing is ridiculous, and yeah that's why I posted above, I think she is blowing smoke because I'm pretty sure unemployment wouldn't be paying if they knew she wasn't looking for employment.

And I'm sorry, but what kind of twisted Grandmother charges ANYTHING to watch their grandchild, let alone 250 a week. PLEASE :mad:
 

NotSoNew

Senior Member
cant dad insist on a licensed daycare provider and not grams?

dad its worth a shot to ask for it but its not a guarentee that a judge is going to remove the daycare costs because in the eyes of CS law her income remains what it was. If mom was to ask for a reduction because of her salary decrease you can bet that the daycare would be removed then.
 
NotSoNew said:
cant dad insist on a licensed daycare provider and not grams?
He has joint legal, so I would think he has some say in the matter. For that amount of money you would think that the child could be in a nursery school or something, to get them a leg up to go to school. Gram taking care of child should be to SAVE child care costs.:rolleyes:

But...I don't think we even know the childs age yet....
 

talisman

Junior Member
My daughter is 14 months old. I dont have a problem with paying her mom to take of her b/c she is great and quit a part time job she had to do so. They are pretty well off and dont really need the money though. I just cant belive a judge would make me pay child care if shes home all day and has no intention of getting a "real" job.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top