Child Support - Custodial Parent Voluntarily Unemployed


#1

The custodial parent is voluntarily unemployed and has been for over a year now since she moved back to NC. She receives funding such as section 8 housing, food stamps, and medicaid. The order mandates that my husband must pay child support and maintain medical insurance which he does. She is to use his insurance as a primary insurance and medicaid as the secondary. She doesn’t do it that way because she says that she cannot afford to pay the co-pay of his insurance for doctor visits ($25-$30).

She has filed an order of child support modification which shows that she has $0 (zero) income and all support for the child comes from my husband. The worksheets calculated that his support will increase from the current $270 a month to $441 a month (no other children to support; married; no children with me). She did not agree to the amount and has filed additional paperwork to say that the child has special medical needs that she has to come out of pocket for (not sure how she does that when she doesn’t work) such as depends and chucks pads for the bed. (Child is not special needs. She is 7 and has a bladder/wetting issue that custodial mother will not get treatment or specialization for.)

What can we do about this situation?? Can she get the increased child support and additional funds for medical supplies due to her lack of medical care?? Would her lack of funds to provide medical attention to bladder issue be a means to file for custody??


#2

The court can impute income to the mother if there is no valid reason that she is not working.
Unless the mother has had the child diagnosed with some disorder, the court does not have to consider the extraordinary expenses the mother is claiming.
If the child’s quality of live has changed due to the mother’s refusal to contribute to the child’s health, wellbeing and support, you can move to change custody by filing a motion to modify the same.