Can Child Support be Ordered Against Parents' Wishes if a Mom Gets Public Assistance

Two parents had a custody agreement under which they decided that there should not be child support, due to the roughly equal manner in which they shared custody. The mother recently applied for public assistance and now they have been ordered to submit their income information for child support proceedings. Can a judge order child support just because the mother is getting public assistance, even if nothing else has changed?

The court will review the financial information and determine whether, under the state's child support formula, the father should be paying child support. It is possible to pay child support even when custody is roughly equal, due to a significant disparity in income between the parents. If child support is due it will be used to offset the mother's public assistance. If any money is left over, the additional money will be paid to the mother.