What You Need to Know About Getting Child Support as a Stay-At-Home Mom in California
Stay-at-home moms face unique challenges when going through a divorce. This is because they typically have been out of the workforce for many years, and may be required to seek employment following a divorce. Here is what you need to know about getting child support as a stay-at-home mom in California.
In California, both parents have the responsibility of financially supporting their children, even if one parent decided to stay home and take care of their children for a large portion of their marriage. If a parent stayed at home before the divorce, it does not mean that they can stay home during or after the divorce. However, the amount of child support granted to a stay-at-home mom varies depending on many factors, and is intended to relieve the financial burden of losing a spouse’s salary.
Factors That Contribute to Child Support Payments for Stay-At-Home Moms in California
At the end of a divorce case, a judge will calculate the final amount of child support for each parent. California holds both parents equally responsible for supporting their children. The amount of child support that is required of each parent takes into account factors such as the length of the marriage, the ages and health of each spouse, assets and debts, what each party requires to maintain their standard of living, and what each party can pay or earn to maintain that standard of living.
Related: 7 Factors That Determine Child Support in California
Often, child support payments are regarded as a source of relief and frustration for stay-at-home mothers. Although child support payments function to maintain a standard of living that was similar before the divorce, judges will expect stay-at-home moms to make a serious effort to find employment and begin financially supporting their children. However, courts will typically attempt to make this transition period as smooth as possible and many times will grant spousal support throughout the process of finding employment.
If a stay-at-home mom refuses to seek employment or obtains a job that is clearly within her skill set, the court may decide to impute income to the stay-at-home mom. Imputing income could mean that the amount of child or spousal support given to the stay-at-home mom is lowered until she can meet the court’s requirements of becoming financially independent.
Related: Imputing Income for Child Support in California
FAQs About Getting Child Support as a Stay-At-Home Mom in California
If I am a stay-at-home mother going through a divorce, should I seek employment?
As stated above, many factors will contribute to the court’s decision to require a stay-at-home mother to seek employment. For example, a court may be more lenient in this decision with a mother who has young children or children with disabilities compared to a mother who has healthy, teenage children. Courts will decide whether a mother should be required to become self-sustaining on a case-by-case basis.
How do California courts make the transition back into the professional world smoother for stay-at-home mothers?
Spousal support and child support payments can financially support stay-at-home mothers and give them the time they need to transition back into their careers.
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If you or a loved one would like to know more about getting child support as a stay-at-home mom in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Support Attorneys today!