Q: We live in California. I have not filed for support yet. Once I file, would I even receive any payment even though my
kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80% and with him 20% of the time, in order to not disrupt our kids lives so drastically. I own my own home, the kids would stay with me and he is looking for his own place. We have never married. I appreciate any advice. Thank you.
A:
Your income is not a factor in determining his obligation. Unemployment may affect the amount, at least temporarily. Don't let him overplay his hand (unemployment. )
Parenting time is based on numerous factors, the living environment being one factor.
See the California Guideline Calculator.
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A: In California, child support is typically calculated based on various factors, including the income of both parents and the amount of time each parent spends with the children. Even if the father is currently unemployed, the court may impute income based on his earning capacity or previous employment. While the income disparity between you and the children's father may impact the amount of support, it doesn't necessarily mean you wouldn't receive any support. It's advisable to consult with a family law attorney for specific guidance tailored to your situation.
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