Someone answered a question saying this, that if there is a child support hearing, and the custodial parent says they have no income, custody can be changed? Isn't this absurd if it is a stay at home mother and the husband has just left?
2007-03-11 10:56:54 · 10 answers · asked by katy 1 in Family & Relationships ➔ Marriage & Divorce
That's ridiculous. Lack of money doesn't make her a bad mom. They won't change custody because of that. Where's the child support? And she is probably able to get assistance from the state as well.
2007-03-11 11:00:38 · answer #1 · answered by Incognito 6 · 0⤊ 0⤋
Yes its absurd, but if you cannot support the children then the court has to place the children in a position of their best interests. Apply for income assistance and you are a stay at home parent so that will help. Then apply to the court for child support and if you have to spouse support. If he has supported you your whole life while you watched and raised the kids then he has placed you in a standard of living that has to be financially provided for if you separate or divorce. And on top of that provide support for the children too. Get a legal aid lawyer and go for it. Take care Heather
2007-03-11 18:03:59 · answer #2 · answered by Anonymous · 0⤊ 0⤋
no, a persons income doesnt affect custody, if a woman doesnt work, yet is perfectly capable of working, she doesnt have to work but they will give her a certain percentage of responsibility financially to the kids child support.. because they combine the two incomes (husband / wife) then they break it up into percentage of who is responsible for what percentage, like the husband may be responsible for 80% of the childrens financial needs, and the wife only 20% since she doesnt have an income, but it has zero to do with custody issues, Custody is determined on being fit, capable, healthy environment, and who will promote a relationship with the other parent.. etc.. but has zero to do with financial status..
2007-03-11 18:31:45 · answer #3 · answered by brwneyedgrl 7 · 0⤊ 0⤋
the custody cannot be changed at all, there is a period in which the mother if she was a stay at home mom has the time to find a job before the next hearing to see her progress in obtaining and keeping the job...the husband has to support her and her child until she gets a job...in the next hearing they would see her progress with her job and see whats fit for what amount of child support, cusotdy etc...
2007-03-11 18:07:29 · answer #4 · answered by indiekajol 1 · 0⤊ 0⤋
It depends. If she has some alternate source of income custody may not be changed. However a good lawyer could use that situation to change custody.
2007-03-11 18:04:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, it's not true. But the court expects BOTH parents to support their children, so they will question why the parent isn't working. If there's a legitimate reason, fine (and that would be the case if hubby left and she hasn't yet found job), but if it's a case of they just don't WANT to work, then that's a different matter.
2007-03-11 19:30:30 · answer #6 · answered by kp 7 · 0⤊ 0⤋
Absolutely a woman who does not have income could be the best mother and be sole custodian and ex husband/boyfriend should provide for the child.
2007-03-11 18:02:29 · answer #7 · answered by bibus75 5 · 0⤊ 0⤋
if you are an abled body person and you can work..guess what you can work can support change well yes and he or she can have it higher or llow, and it doesn't go up all the time they put caps on amount per child who ever is paying the support they go on his income not much yours..they usually go by the Min wage standard unless your filthy rich like these stars who feel their kid needs 50 grand a month what a freaking joke
2007-03-11 18:04:11 · answer #8 · answered by Gina 4 · 0⤊ 0⤋
She has an income available -it's called support-He can leave but his having an income and her not having one is no factor unless they plan to time travel to the dark ages-
2007-03-11 18:04:12 · answer #9 · answered by Melinda M 2 · 0⤊ 0⤋
well at the time of my divorce i was a stay at home Mom who was helping him run his business, and I still kept custody of my daughter, and funny thing is they based my income on an amount i wasnt even making.... so no its not true....
2007-03-11 19:23:07 · answer #10 · answered by Renee 4 · 0⤊ 0⤋