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Child support from Stay at Home Mom

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stephenq

Junior Member
What is the name of your state? Missouri, although the court is New York

My wife's ex-husband just filed for child support from her (he has custody of their daughter). My wife is a stay at home mom, with no income. Can the court order her to pay child support from my income, or force her to get a job?

Again, we live in Missouri, but my step-daughter is in New York, so that is the applicable law.

Thanks.
 


nextwife

Senior Member
IF Mom has a child, it is her responsibility to SHARE the cost of supporting that child. If her child is with Dad, she needs to pay CS if ordered. And if she needs to pay CS, she needs to either have savings to cover it, if she wants to be voluntarilly UNEMPLOYED, or she needs to get back into the workforce and not be a deadbeat parent who won't pay CS.

Having a uterus does NOT exempt us from the responsibility of supporting our children!
 
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BL

Senior Member
Can the court order her to pay child support from my income, or force her to get a job?
Your wife will have to appear ,or appear by an Attorney licensed to practice in NY, if summonsed in NY .

The Court will regardless if She appears or not , set Child support amount according to ( The New York Child Support Standards Act ) .

Look it up .
 
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stephenq

Junior Member
I have looked at the information on the applicable laws in New York. It speaks to a percentage of the "non-custodial parent's income." So does that mean only the individual income of the non-custodial parent, or the household income.

I can't help but to address nextwife's post ... 1) Being a stay at home mom is not an attempt to avoid CS; rather it is geared toward taking good care of our young children and the household. 2) We have been voluntarily paying (non-court ordered) CS for many years.
 

nextwife

Senior Member
It is the CP's right to have the CS collected and disbursed through CSE. An income can be imputed to a NCP based upon what they are capable of earning in a full time job.

Your rationale is that a NCP who wants to be a stay at home parent should only be required to pay a minimal amount of CS? So if I wanted my husband to stay home and be a SAHP to our child, he shouldn't be expected to pay CS to his ex based upon what he is capable of earning?

Our choice to be parents was ours, just as it was yours, and his ex should not get less CS so that hubby can get to be a SAHP. The Child care responsibility for OUR child together is NOT his ex's problem, and should not impact the CS he was ordered to pay, when he was paying CS.
 

jbowman

Senior Member
Well, if youve been voluntarily been paying it, what are you worried about? You will just continue to pay according to what the court orders.
 
I have looked at the information on the applicable laws in New York. It speaks to a percentage of the "non-custodial parent's income." So does that mean only the individual income of the non-custodial parent, or the household income.

I can't help but to address nextwife's post ... 1) Being a stay at home mom is not an attempt to avoid CS; rather it is geared toward taking good care of our young children and the household. 2) We have been voluntarily paying (non-court ordered) CS for many years.
It is also possible that the court could impute the NCP an income based on a percentage of your income depending on the income disparity between the 2 households .
 

LdiJ

Senior Member
It is also possible that the court could impute the NCP an income based on a percentage of your income depending on the income disparity between the 2 households .

No...that isn't how they "impute". They will impute an income to mom based on what she could be reasonably earning if she were working.

Then, either she will have to get a job to pay the child support....or her husband will have to pay it for her. One way or another however, she is going to have to pay it.
 
No...that isn't how they "impute". They will impute an income to mom based on what she could be reasonably earning if she were working.

Then, either she will have to get a job to pay the child support....or her husband will have to pay it for her. One way or another however, she is going to have to pay it.
Not to argue , but yes they can impute her income that way . Especially if new husband's income is significantly greater than the ex's . I had the same problem with my ex-wife , my income was much more than her ex's and her imputed share of my income ( 33% ) was greater than what she would have made if she was working . In NY , Support Magistrates have a great deal of latitude in deciding how CS is calculated .
 
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