Is it possible for a non-custodial parent to receive child support if they make less money than the custodial parent and have 50% custody of the children?
While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Virginia, child support is based on the relative incomes of the parties. When the non-custodial parent makes substantially less than the custodial parent, then there is a minimum amount of support that must be paid by the non-custodial parent.
It is very rare that the non-custodial parent will be able to avoid paying support.
Child support is very jurisdiction-specific and requires a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on these matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.
To arrange an initial consultation to discuss rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Charles D. Hatley, contact Cordell & Cordell.