[btmarius]

My 14 year old daughters mother does not want custody of her anymore. She does not work but receives 1,600.00 in child support from her other child's father and did receive 400.00 a month from me till recently. I have been unable to find employment upon my return from a recent tour to Iraq with the National Guard. I make a small check from my monthly drills and get about $800 a month to go to school. Can I get child support from her?

[mamamccabe]

Yes, if you have custody of your daughter you are entitled to child support. However it would be more difficult if she does not work because the child support amount is based on income amount.

[cadillac59]

Assuming you've changed custody, you should be able to get CS, theoretically. But the problem is, your co-parent only has child support income, which doesn't count as income in some states (such as California) in calculating child support. And since the CS she receives for the child from the other relationship is tax free, it may be enough for her to live on and she may not be motivated to work.

Can you get a seek work order? Probably. But, it's a tough market out there and you might be looking at her only getting minimum wage income. Using minimum wage for calculating support would likely produce some child support for you, but not a lot (don't forget, in many states, like California, the cs for the other kid is excluded in calculating support).