Law

How Does Child Support Is Determined if the Mother Has No Job?

How Does Child Support Is Determined if the Mother Has No Job?

The kid support issue is one of the toughest for couples who are about to get divorced. Oftentimes, it seems so complicated to them that they even give up the idea of divorce because of the inability to understand how to care about their kids after the break-up and fear of screwing it up. In this post, you’ll find out how child support works if the mother has no job and what you should expect if you’re not going to be a sole custodian for your kids while your wife is not employed. 

Get legal assistance

First of all, we suggest that you address all your questions to your lawyer, including whether can a mother lose custody for not having a job. Most of the time, courts grant primary custody to mothers while their ex-husbands become providers of child support in the form of finances. 

However, if the mother has no means to provide a quality level of living for kids after a divorce, the court can choose another parent as the sole custodian. Either way, the judge always acts in the interests of a child, so you can be sure that they won’t be violated. 

Analyze your financial situation

Before you start a fight over custody of your kids, think a few times about whether you can afford it. Also, find out the way your financial matters will be handled after you and your wife will go your separate ways. 

To do that, you’ll need to collect all your assets information, e.g. bank account statements, retirement and savings plans, etc. Then, visit a financial consultant to find out whether you have the capabilities to become the sole custodian for your kids and support them on a decent level. Once you know that, consider taking a look at the cost of a divorce lawyer in Texas and add that to your potential divorce expenditures. 

Find out your partner’s money matters

Although you won’t be given the information on your wife’s card balance by any financial specialist in the bank, you still can estimate her financial situation. In case she is unemployed and has no income, you probably have shared access to your finances with her years ago. Therefore, you can go through the recent expenses she made via the credit or debit card in the history of your financial transactions and understand where she spent the money. 

Also, you can ask her directly about her savings and assets that can help her pay child support after a divorce. If you are going through an amicable marriage dissolution, the chances are that she won’t hide that information from you. 

Be ready to provide financial statements to the court

Now that you have collected all the information regarding your financial situation, you need to combine it into one statement and submit it to the court. Be attentive while doing this since the scope of your children’s custody and spousal support will be defined by the income you present there. 

How is child support by unemployed mothers calculated?

When it comes to calculating child support, a judge takes into account the following factors: 

  • the needs of the child and their level of living in a family; 
  • the potential income a mother can get if she starts working; 
  • the amount of support that the other parent can provide. 

What will happen if your wife tries to avoid paying child support? 

If the factual child support the unemployed mother pays differs from the one set by the judge, the matter can be resolved between parents without referring to the court. In this case, a mother can offer to spend more time with kids or to pay more once she finds a job. 

However, you can refer to the court to ask for a contempt action to enforce the support. In this case, your partner will face expenditures on another litigation besides the need to pay the money they failed to pay earlier. 

In case there’s no way for the mother to provide child support, the court can discover the circumstances all over again and review the final sum she will need to provide. 

How can the matter be resolved? 

As you can see, settling the issue of a partner who’s unable to provide child support isn’t an easy one. Still, it’s possible to resolve it in case both parties are ready to cooperate during the trial and not hide the information on their incomes and property. 

Tirupati Gumpula

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