Child support is determined differently in each state, so this is a very tough question to answer. This guide is a quick overview that attempts to answer this very question – how is child support determined if one parent doesn’t have a job?
Whether you have been a single parent for years or have finalized online divorce recently, your children should have their basic needs covered and their childhood years organized in the best way. That is why kids of divorce are commonly assigned child support no matter what financial issues their parents undergo.
Still, the amount of child support may differ depending on the income of both parents and the current situation in the family. So, if you wonder how does child support works if one person has no job, check out simple explanations and tips to guarantee the best living conditions for your children.
Child Support Calculations
When a couple decides to end up their marriage, and they have mutual kids, one of the top important points they need to agree on is custody and child support. Child support includes regular monthly payments from non-custodial to a custodial parent to help financially cover the kid’s basic needs.
Child support calculation principles are regulated by the state government. Commonly, the non-custodial parent is required to pay around 20% of their monthly income. The rules may variate for low and high-income parents. Additionally, the significant assets of parents may be taken into account when child support is calculated.
Custodial or Non-Custodial Parent
A special approach is necessary for child custody calculations when any of the parents is unemployed. Depending on the person who doesn’t work, there are the following rules in most states:
- For non-custodial parents – no matter whether non-custodial parent works or not, they are obliged to pay the defined child support sum to the custodial parent. Any delays or violations may be strictly penalized, and the non-custodial parent may be even brought to the court with more money wasted than on the child support payments they aimed to escape. In case the non-custodial parent doesn’t work at the moment of child custody assignment, the calculations are made based on their imputed income.
- For custodial parents – child support custodial parent not working may be calculated differently depending on the situation. It doesn’t mean that an unemployed custodial parent should count on the child support raise. Every situation is evaluated separately, life conditions are assessed, reasons behind the unemployment are considered, and child support is calculated, respectively.
Anyway, both custodial and non-custodial parents should bear in mind that child support decisions are oriented toward the wellness of the children primarily. So that the interests of the kids will be taken into account before the living situations of their parents.
Divorced parents often ask me, ‘Can a mother lose custody for not having a job?’ In such cases, I always tell that every situation is treated differently with no similar conditions surrounding it. Yet, every parent, either a custodial or non-custodial one, should study the imputed income issue closely.’ advises the divorce expert, Liza Sharon.
Imputed income is taken into account for any parent who doesn’t work but who will pay or receive child custody. To calculate the imputed income, the judge considers the following factors:
- the person’s education, qualifications, and work experience;
- the average income a parent used to earn during recent employment;
- the parent’s physical and mental health;
- the childcare experience and history of a parent;
- the opportunities of getting a job nearby.
Whether a non-custodial parent or custodial parent is unemployed, any changes to the amount of child custody can be altered or calculated only by taking into account the imputed income of a certain person.
If you, as a custodial or non-custodial parent, undergo employment changes, your first task is to let the custody agency know about it. Don’t try to modify the assigned child support secretly with your spouse. Or don’t hope you can escape the payments.
It is always better to approach your situation together with official services so that you can sort out your situation lawfully. If you ask the local office, ‘Does custodial parent have to work?’, they will come up with the explanation that you have to put in all efforts to supply your children with the best-required living conditions. Any other decisions or amendments to child support will be guided by a similar principle.
In case you have any complications as to child support and its amount, you don’t need to hide from the problem but try to regulate it lawfully. Research custody and child support and find the best way to solve your issue. Still, bear in mind that you cannot compare your case to any other’s since every family has different surroundings and conditions. So, if common tips don’t help your situation and you still wonder how does child support works if the mother has no job, you’d better meet a divorce lawyer or any other relevant expert to assist you with your specific case.