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Home » Blog » Can a Stay at Home Mom Get Child Support?
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Can a Stay at Home Mom Get Child Support?

By Legal Desire 5 Min Read
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According to a report compiled by Salary.com, a stay-at-home mom is worth an annual salary of $178,201, and most of them work 98 hours per week. If you have young children, you may deal with nighttime feedings or deal with toddlers who rise early. You are the tutor, party planner, chef, housekeeper, and nurse. 

Contents
How Does Child Support Work?Determining the Children’s NeedsFactors a Judge Will Look AtShort-Term vs. Long-Term MarriageSpousal Support vs. Child Support

You absolutely can get child support if you don’t work outside of the home. In fact, during a divorce, getting child support is crucial for stay-at-home moms.

How Does Child Support Work?

In most states, child support is determined by a set formula. The formula takes into account how much the working parents earn, the expenses that are necessary for raising the child (such as daycare, healthcare, and housing), and how many children will need to be supported. 

In the case of two working parents, both incomes get factored in to determine support. However, in the case of a stay-at-home mom, only one income is used for the calculation.

Determining the Children’s Needs

Most courts look at the children’s needs when they consider child support. If your children are young, the judge may understand that it would be difficult for you to get a job, especially if you have limited skills and education. 

If the children are older, the judge may determine that you could provide some support, and they may require you to earn money to help support your children. In some states, the law requires both parents to provide some form of support.

Factors a Judge Will Look At

There are many factors that a judge will review when ordering child support. Some of these include:

  • Age of the children
  • Child care options
  • The health of the children
  • How easily you could get a job
  • How many children need to be supported
  • The income of the other parent
  • Length of the marriage
  • Length of time you have been a stay-at-home mom
  • Safety of the children

Short-Term vs. Long-Term Marriage

If you have been married a short time, usually less than ten years, the courts may determine that you must provide support for your child. If you retain custody, you will more than likely receive some form of child support. However, that amount could be less than in a longer marriage if the judge feels you could easily return to work and contribute financially.

If you have been married for more than ten years, you may not have worked for more than a decade. This would make it difficult for you to re-enter the workforce. In that instance, a judge may determine that your ex-spouse must provide full support for your children.

Spousal Support vs. Child Support

It is important to remember that spousal support, or alimony, is different from child support. It is possible that a judge may order spousal support if you have been out of the workforce for an extended period and have been married longer than ten years. 

Spousal support may be in place until you remarry, or it could be until you are able to re-enter the workplace. Child support, however, is unrelated to spousal support. The parent who has physical custody of the children, will more than likely be awarded child support. This support will continue until the child is 18, or 21, in some states.

In cases where there is joint physical custody, you may still receive child support if the judge determines that your ex-spouse’s income is significantly higher than yours.

Child support is designed to keep children in the lifestyle they grew accustomed to during their parent’s marriage. Many factors come into play when one parent stays at home with the children. If you are facing divorce as a stay-at-home mom, you need the best legal representation you can get to make sure your children have the lifestyle they deserve.

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Legal Desire December 8, 2020
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