Does My Child’s Mother Have to Pay Child Support?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I am in the process of going through a child support modification. I have sole custody of my daughter and the mother lives out of state and sees her for two weeks a year. I make about 40k a year, and last I knew she made about $11 an hour, which she no longer works now. Due to the fact that she has 4 other children and doesn’t make much to support 5 kids, can she really be ordered to pay nothing? Some calculations I’ve run though the state’s child support calculator show zero. Is it typical that a court will allow her to not support this child? She is now remarried and is supported by her new husband and she also receives child support for the other kids. I realize this is not either fathers responsibility, but it doesn’t sound right that she gets off the hook.

Most family law courts consider several factors (example – parent’s income, supported children, employment status) when awarding child support. Online child support calculators should serve as an estimate and not necessarily the proximate amount a parent will be required to pay under a child support order. You should consult with a local attorney before your child support modification order is modified. An attorney can provide you with a in depth understanding of what factors the court will consider relevant to your particular situation.