Child support Q / SAHM

offbeatmama

I've been thinking about this as a friend is in this situation and I think it might come up at some point in my future (I'm a BM but have a good co-parenting relationship with my X).

If you're a BM, how does child support change if you remarry and become a SAHM? My friend agrees that child support should not be based on an income of 0 since she has a new DH who is helping support her but also doesn't think it should be based off her previous income. I honestly have no clue how this works. I think I've seen a handful of SAHMs on here so I thought I'd pop over and ask.

emikat

Her new husband's income will unlikely be considered at all in the CS calculations as he's not financially or legally responsible for his wife's child.  The courts may calculate a minimum income based on 40 hours/week at minimum wage for her responsibility or may base it on her previous income because she's now choosing not to work.  Depends on the state and the judge.  

offbeatmama

emikat:

Her new husband's income will unlikely be considered at all in the CS calculations as he's not financially or legally responsible for his wife's child.  The courts may calculate a minimum income based on 40 hours/week at minimum wage for her responsibility or may base it on her previous income because she's now choosing not to work.  Depends on the state and the judge.  

That's kind of what I thought. Both of those options make some sense. The BF shouldn't be punished financially if the BM chooses to work but the SF really has no obligation to support the child. Does anyone have any personal experience with this (on either side)?

Holly_1007

BM quit her job 2 years ago when she got re-married and had her second child.  we are awaiting a court date to go back to modify our CO, and in the process will be adjusting CS (DS has a new, lower income job) 

We have asked our lawyer (when drafting the CS paperwork) to compute BM at full time minimum wage, but are looking into requesting her pay info from when she WAS working.  since she is capable of making that amount of money, she just chooses not to, doesn't mean DH should have to work harder to support her, especially since her DH makes enough money to support them (even though he is not obligated to pay for SD)

DH is all for helping support SD financially, but he has a family to support over here as well, no one MADE BM quit her job, she did that on her own.

karatechrissy

Our BM quit her job one month before we had our CS modification court date. Said she was being a SAHM and judge calculated the CS DH pays based on her making $0. She obtained employment making 5k a month (this she has admitted to multiple ppl including DH) 2 months later. 2 yrs later we are still paying based on her making $0. It sucks. 

fellesferie

This is kind of what I did. DH and I married in 2009, and when I had DD in 2010, I quit my job and became a SAHM.

I told XH that since I voluntarily quit, we should calculate things based on my salary (rather than $0). And since I was staying home, there wasn't any need for daycare assistance, so XH saved some money there as well.  

Ginlyn0

In my state, CS is based soley off the NCP's income. CP could be a millionaire and it wouldn't matter or not work like the BM in our case and it doesnt affect CS.

jnjmommy0609

For me it is based 100 percent on how much my ex makes. I get the same amount I have always gotten even before marrying my husband and becoming a SAHM

blush64

It depends on where you are. Child support calculations where I am are based on the income of the non-custodial parent.

wwnbw

gin9874:

In my state, CS is based soley off the NCP's income. CP could be a millionaire and it wouldn't matter or not work like the BM in our case and it doesnt affect CS.

You're in Texas right? This is how it is where I live (Texas). I think it's crappy but what can you do?

The BF quit his job right before court so they based it on minimum wage but I ended up asking for less anyway.

DarthNBJenni

Here a step parent's salary isn't counted - but the mother would be calculated at 40 hours a week for minimum wage. My husbands ex-w is a SAHM and that's how their child support is calculated. 

Ilumine

I absolutely hate SAHM calculations.  In the real world, if a SAHM and Working Parent come to a financial crossroads, ie they cannot afford to be a single income, the SAHM goes backto work.

And for 90% of the world (I do not want a discussion of the 1%), a decent standard of living cannot be found when ONE income pays for TWO households.  

The child should not see his/her father live in squalor so mommy can be home.  Not fair. Mommy needs to show her kids a work ethic, not a take ethic.

As a SAHM (due to circumstances, not really choice) I will more than likely be going back to work becuase we as a family (to include supporting my growing teenage SS who lives with me) will need it.  

BAH!   

MrsBPO

Some of you are right and some are not.  It's state dependent and situational dependent.  Some states calculate ALL household income; others calculate the income of the biological parents only.  If you're in a state that calculates household income, it doesn't matter if the mom is a SAH because the step-father's income is included (and the same goes for the other household.)

Situationally, it is also dependent.  Reasons the mom stays home.  Whether she was a SAHM prior, education, training, length of prior employment and length as SAH, job potential, etc. could go into the calculations (as well as alimony if applicable.)  If she's a highly educated SAH who chooses to SAH the couple's child, chances are the court is more likely to "impute" income based on her earning potential.  If she's a lower-income parent who SAHs for financial reasons, it's less likely that they will impute income (or income potential).  Some states also have minimum requirements for income calculations; for example, my daughter's income was "calculated" at $25 in Ohio because that's the lowest amount the state will accept for child support calculations.

 As for the PP above, whose BM went back to work, you might want to apply to the court for a modification of the support order if she truly was calculated at $0 and has been making $60K for the past two years.  If she quits again for the purposes of avoiding a support obligation, the court does have the ability (in many states) to impute income based on her earning potential even if she is currently making zero dollars.

scoobyd266

Here in NY CS is based solely on NCPs income as of the last years tax return. CPs income is only used to calculate percentage for unreimbursed medical, daycare and school related expenses which are usually pro rata here.

twister22

We (kind of) had this happen fairly recently. 

Where I live the Child Support Enforcement Agency (CSEA) figures it out for you, and if you don't like it you can appeal it to them, and if you still don't like it you can appeal it and go in front of a judge (you can skip the first appeal and go straight to court though.)

I was told that no matter what our circumstances were; unemployed, full time student, SAHM, etc., we would both be inputted a minimum of full time minimum wage. Well, we both submitted in all our paperwork, and got the results back. They did not input me full time minimum wage, they inputted me my actual income, which is significantly less. When I called to ask why, they said it was because I was a student.

I guess it really depends on where she lives, and what CSEA/the judge wants/has to do. 

 

SunshineMuffin

scoobyd266:

Here in NY CS is based solely on NCPs income as of the last years tax return. CPs income is only used to calculate percentage for unreimbursed medical, daycare and school related expenses which are usually pro rata here.

 

Wow, that is not true at all, unless LI abides by different laws than NYC.  CS is calculated based upon both parents'  combined, gross income.   

JRP00

BM doesn't and hasn't ever worked so ours it based on her "potental" income. She  could make at least $10 for 25hrs wk. It is also based on how much "parenting time" We have SS 47% of the time so there is calculation thats done with her potential income and DH income then divided on parenting time.