Child Support and Staying at Home with Children

When my step-dad's ex psycho was trying to get 1/3 of his income (because she COULD ... not because she needed it) she also tried to include my mom's income in that. And the courts said that my mom's income wasn't counted because they weren't HER kids so not her responsibility. This was probably 15 years ago or more and in Ohio/Indiana, so things may have changed since then.

Generally child support is based on the person paying it and their income as well as state minimums, needs of the child(ren), etc. And changes don't generally get made unless one party requests an evaluation or revision of the order.

But this IS california and the rules that apply everywhere else ... DON'T here LOL.

No...court ordered child support has nothing to do with you working or not. It is the father's financial share of caring for your children. How you finance your share has no regard to his.

MC L,

When your support was awarded, you were single and working full time. You are now married and your present husband’s income can be taken into consideration as far as your total, household income is concerned.

This means if your household income is MORE, even though you are working less now; your “former spouse” can request the court “RE-EVALUATE the support order and lower it.

If getting less child support vs staying home with your children represents being “penalized” to you, then the answer is YES, you could be penalized.

Blessings……

I'm not a lawyer, but based on my experience I can tell you this:

Child support is based on each parties income, with the total household income and expenses also taken into account. When one or both of the parties incomes change, then child support can also change.

Usually if one parent decides to stop working, or work less, the court will assign that parent a wage based on what they could or would make with a full time job in their field.

As long as you are not asking for more child support, like some parents do when they stop working, then you should be OK. Depending on the relationship you have with your former spouse, it might not have to change. But if he finds out you are no longer working he can request a modification and at that point the court would probably assign you a salary similar to what you made before, also taking into account your total household income and expense.

Hope that helps. Good luck!