Can Dads Receive Child Support After a Divorce or Breakup?

 Posted on March 23, 2021 in Child Support

single dad child support lawIn many divorce cases where a couple has children, it is assumed that the father will pay child support to the mother. However, this isn’t always the case. In many modern families, dads and moms play equal roles in caring for their kids, and they should continue to do so after they become separated or get divorced. Depending on the circumstances, some dads may even be named the custodial parent of their children and have the majority of the parenting time with their kids after getting divorced or breaking up with an unmarried partner. In these types of situations, dads will need to be sure to understand their rights regarding child support.

Child Support for Dads Who Have Primary Physical Custody or Shared Custody

The purpose of child support is to ensure that both parents contribute toward their children’s needs. Typically, the parent who the children live with the majority of the time will receive child support from the other parent. This means that if your children stay with you most of the time, you may have the right to receive child support from your ex-spouse. Even if you were not married to your children’s mother, both of you will be required to provide financial support for your children, and as the custodial parent, you can ask a family court judge to enforce these obligations.

Depending on the state where you live, different methods may be used to calculate the amount of child support you can receive from your child’s mother. Some states determine child support using a percentage of the non-custodial parent’s income. However, many states are shifting to an income-sharing model that takes the amount earned by both parents into account. In these cases, an amount of child support will usually be determined based on what both parents would have spent to care for their children if they were still together. This amount will usually be divided between the parents based on the amount of income each parent earns. If you are the custodial parent, your ex will be required to pay her portion of the total child support amount to you.

If your children’s time is divided equally between you and your ex, whether child support will be necessary will usually depend on the income you each earn. If your kids’ mom earns a higher income than you do, she may be required to pay you child support, but if you earn similar incomes, no child support payments may be necessary for either parent. Whether child support will be needed will depend on your state’s laws and the arrangements made in your divorce or child custody case.

In addition to child support, you and your ex will also need to determine how to divide child-related expenses, such as childcare or daycare costs, medical expenses, educational fees and the costs of school supplies and books, or expenses related to extracurricular activities. These costs may be split equally between the two of you, or they may be divided based on the amount of income you each earn. If you are responsible for paying any of these expenses, your ex may reimburse you for her portion of these costs. For example, if your children are covered under your employer’s health insurance plan, your ex may make payments to you on a monthly basis for half of the health insurance premiums for your children.

Contact a Child Support Lawyer

Matters related to child support can become very complicated. As you determine how to address the obligations that your ex may have toward your children, you will want to work with a skilled family law attorney who can advise you on how your state’s laws apply to your situation while advocating on your behalf during legal proceedings.



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