If a stay at home mom moves out and loses full custody to the dad, does she have to pay child support if her earning potential is very low? ?

Answer 1

Child support is based on the payer's income and ability to pay. But the only way a stay at home mom would lose all custody to the father is if she's a hot mess, a danger to the kids or something like that. Even if she was a drug addict most family court judges would give her a chance to complete rehab and still have some access to her children. If you're the mom in this situation there's almost no possibility you'll get anything less than shared custody. If you're the dad in this situation there's almost no way you'll get sole custody. Anyone on either side of this who's threatening to cut the other parent out entirely just doesn't know how family courts work. 

Answer 2

It will be on what she can afford should your dad ask for it.

Answer 3

Every place is different.  In Australia our rules have been made to embody fairness.  There is a formula.  Each person is permitted a certain amount I think it is about $A18000.  This is used to keep them alive.  Amounts over this are divided depending on the number of children.  One child is about 20%  Two are about 27%.  That goes into a pool for the benefit of the children.

Now the number of days of looking after the children are applied so that the fraction of that pool that goes to each parent is calculated from that.

Finally the appropriate payment is made.  If the total pool is too low ( such as both parents are low income earners) the government steps in and provides welfare payments for the children.

In this way we have attempted to eliminate arguments over child support payments. Of course there are many places with completely different rules and principles.

Answer 4

The amount of child support payable usually depends on income. 

Answer 5

Yes           .

Answer 6

Yes.  Instead of the custodial parent being awarded a percentage of very high pay, he's awarded a percentage of very low pay.  And if it's a custody fight and she LOSES?  You can figure it out.

Answer 7

I was a single dad. I worked with other single dads, and we networked too. In the last 30+ years I've never heard of a woman paying support. Legally they are as financially liable as  men. In reality, it doesn't seem to happen.

Answer 8

Chances are mom will have to pay child support. If her husband left her, she'd expect the same even if he had a crappy job. 

Answer 9

The mom needs to see a lawyer to learn some facts and any options they have.