I'm curious because my boyfriend's ex doesn't work, and not because she was laid off. Technically, she's at zero-income (living off a roommate).
So my question is, when the custodial parent doesn't work, is a home-maker for example, do they count as zero-income? I remember reading somewhere that their income is then calculated by what they could earn according to their education, but not sure if this is true.
I live in Iowa, in the US if that helps.How is child support factored if custodial parent doesn't work?
They do that on fathers, but not so often on mothers. It would create little change to the base payment he pays, but it would decrease the percent pays on extras, such as insurance. This will teach him how to deal on child support issues.
You need to know that the child support guidelines are not set in stone. They are just guidelines. You can make a case for not paying so much.
1988 Public Law Record
SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.
(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)
of the Social Security Act is amended-
(1) by inserting (1) after (b):
(2) by striking, ';but need not be binding upon such judges or other officials;'; and
(3) by adding at the end the following new paragraph:
(4) ';There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case.';
You need to file a motion to modify your child support. If you are current in your support, you can do this by making an official request for a modification at the child support enforcement office under the provisions of Public Law 12.
If there are arrears, contact the Clerk of the Court and request forms for filing for a modification, Pro Se.
You will need to get a copy of the child support guidelines and worksheet from child support enforcement to determine if you have cause for a reduction. There needs to be at least a 20% difference in his payment.
NEVER pay your child support directly to the mother as it can be considered a gift and not support. Always pay threw the court.
If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you鈥檒l receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do.