Stay at home mom child support payments

[Tammyrporter]

What is the name of your state (only U.S. law)? Texas

I am a stay at home mom with 2 children. My oldest has decided to move in with her father this school year. Will I have to pay child support since I am a stay at home mom and how would they calculate how much I would have to pay?

 

[jbowman]

Well, first question would be... How is daughter "deciding" this? Minors dont decide.

 

[haiku]

Well maybe your ex could stay home now and not pay support anymore to you?

 

[garrula lingua]

By statute, minimum wage should be imputed to you, and you should pay 17.5% of your net (you receive credit for one child in your home =17.5, not 20%).

If the second child has the same father, child support is usually calculated for each parent (17.5 of their respective net), and there is an off-set, with the net amount of c/s charged to the 'obligor' (higher earner).

 

[nextwife]

By statute, minimum wage should be imputed to you, and you should pay 17.5% of your net (you receive credit for one child in your home =17.5, not 20%).

If the second child has the same father, child support is usually calculated for each parent (17.5 of their respective net), and there is an off-set, with the net amount of c/s charged to the 'obligor' (higher earner).

If she has a history of earning beyond minimum wage, an income could be imputed to her that is comparable to what she could be earning if she were not voluntarily unemployed. AFTER ALL, if Dad chose to be a SAHP, I doubt the statute says he'd merely be imputed income at minimum wage.

 

[garrula lingua]

Nextwife:
No court, where I currently practice in Tx, is using more than a six-month history of employment for argument of 'ability to pay', and are only using that history, in cases of evaders or those with a history of voluntary unemployment/underemploymt.

Tx courts are very sensitive to the economic recession. They are considerate of the fact that overtime has often evaporated, hours have been cut, and many people have been laid off.

Mom, at most, should have a min wage child support order of 217. and a medical support order of 123 per month.

By the way, the min wage imputation for stay-at-home parents applies to fathers, as well as mothers.

See: Texas Family Code
Sec. 154.068. WAGE AND SALARY PRESUMPTION. In the absence of evidence of the wage and salary income of a party, the court shall presume that the party has wages or salary equal to the federal minimum wage for a 40-hour week.