Is a custodial parent required to work or can they legally live off of child support.?

He needs to go back to court and state his arguement. I'm sure they would reduce the child support. No the mother is not supposed to just live off of child support. For all of this, your boyfriend should just have custody. The money that he is paying her should go toward her buying their child school clothing also. She should be willing to share any extra expenses. Just tell him to go back to the court.

Child support is what it is. For the child's needs. If the ex lives up to the court documents regarding the child, then the court is not interested in her work ethic. Clothing, haircuts, and all other expenses are included in child support and are usually contained in the court decree. If the father cannot continue to make these payments for legitimate reasons, then he must submit a motion to the same court, requesting a reduction. Sometimes it's futile, sometimes not.

Some parents have children and decide at that time that one parent will be a stay-at-home parent. This is a great decision and is ostensibly for the children's benefit. It's the decision I would make in my own marriage, although my husband would probably be he one to stay at home.

If the couple then splits up, I don't see any reason the custodial parent should not continue to be a stay-at-home parent, for the children's benefit. Even if the kid's at school, this will still ensure that the parent has enough time to maintain the home, have all the chores and errands done and still spend all afternoon and evening with the child, helping with homework, being there when s/he gets off the bus so s/he doesn't have to be a latchkey kid, basically being a full-time parent.

However. If this arrangement is too much for the non-custodial parent to afford because he's lost income, he should definitely go to court to have it reduced. In your case, the mother could get a part-time day job and still have enough time to be a good full-time mom.

First, he can ask the Courts to modify his child support & spousal payments based upon his current income level. Second, he is under no obligation to pay additional money nor should he (because SHE can use that as ammunition at a later time). Third, if your boyfriend can get his act together & perhaps even remarry, it might be possible for him to become the primary caretaker of his son. The environment that HE could provide for his son compared to the environment SHE can provide should lead the Courts to the understanding the father would be the better choice.

Unfortunately, the custodial parent cannot be made to work. If she wants to live off the child support she can. I am sure someday she will need more than what she is getting and hopefully eventually go back to work if she has goals or would like a better lifestyle.

As far as the amount, the only way it can be changed is if your boyfriend goes back to court and explains the reduction of his hours and why, then the court should lower the support.

If I were him I would be trying to find some way to say she is an un fit mother and get my child back. If he is paying support it should go to support the kid not the parent. If he is buying clothing and other stuff she is not using the money right. Tell him to start documenting everything he has to buy outside of the $650 he pays a month. take her back to court and try to regain custody. In some states when kids are 12 they can decided for them self who they want to live with.

Why is he paying for any clothes except what the wear while visiting and is kept at his house? No, she can't be required to work, and even if she did, it would not affect his basic child support amount. Most people don't understand how child support works. These will help.

To learn your rights, join Dads House in Yahoo Groups

http://dads-house.org/

Some useful links

Establishing the amount

http://www.ehow.com/how_5926518_establish-must-pay...

Child Support Modification

http://wiki.answers.com/Q/Child_Support_Modificati...

Child Support Modification-Departing From Existing Guidelines

http://www.ehow.com/how_5926669_depart-guidelines-...

Child Support Trust Fund

http://www.ehow.com/how_5926683_child-support-bein...

Child Support & Taxes

http://www.ehow.com/how_5926767_deal-concerns-chil...

Child Support Ends When?

http://www.ehow.com/how_5926776_age-stop-paying-ch...

Contempt of Court

http://www.ehow.com/how_5926752_deal-court-regards...

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Your BF is only obligated to pay for what ever the court order states. The rest is entirely up to him. It just boils my blood when a custodial parent acts like this. Kids are not a pay check. His ex seems to think kids are paychecks. Have him talk to a lawyer and get custody of his son. He is the one that supports him anyways.

I would have your b/f as for a Modification of Child Support. They cannot make her work but they base the support off both incomes..

Here in Indiana when a man pays his support, clothing, school supplies, school lunches, haircuts are included in the support. They do not have to pay extra for those things...

This is something definitely worth retaining a lawyer for... It sounds like he is supporting the child 100%. Maybe he should see custody.

Also, Make sure he keeps ALL receipts for everything he buys away from child support.

Um... no, she is supposed to provide his essentials with the money your boyfriend gives her.. like haircuts and cloths! It sounds like she is being difficult... your boyfriend could refuse... however, guess who suffers... the kid... this is the problem with these difficult custody issues.. the parents fight.. use the kid and that's who suffers, that's who gets damaged for life... the parents find other spouses, make new families and move on.... these poor kids of divorce.. are scarred for life. If you boyfriend loves his son and knows the mother is not doing what she should to provide, he should fight her for custody...he should be documenting when he pays the extras and documenting why i.e. she isn't getting him cloths or grooming.. make notes of dates you notice these things and rectify them. Did he leave her for you? If so... she is probably quite depressed and vindictive.... regardless... this boy comes first..... and that should always be on the forefront .... your boyfriend needs to look out for the best interest of his son... he didn't ask to be born in a screwed up relationship... he didn't ask for any of this... so if being with his dad is better, than fight for him... if being with mom is better for him, and you have to honestly look at this... then he is going to have to find a better job or pick up an extra job on the side...... I know you would like mom to work but as a stay at home mother, its better for kids when someone is home when they get home... its a sense of security, however, if she isn't there for him, if she is useless and uses him... then you know what to do. I don't know the whole scenario so I cant give you any solid advice... you have to use your own head on this as you know what is really going on.

good luck to your boyfriend and his son