My ex husband and I have joint custody, and we pay half medical bills and half daycare costs.
he got fired from his job, adn I cannot afford daycare by myself, so he will be keeping them while i am at work. So now he is going to get assistance (a bridge card i guess). Will the state try to get money from me? if so how can i prevent this?
2006-07-26 05:28:06 · 13 answers · asked by ladyjno7 4 in Politics & Government ➔ Law & Ethics
no he cannot get child support from you because you both have joint custody.
2006-07-26 05:31:43 · answer #1 · answered by m_thurson 5 · 1⤊ 0⤋
Child support laws are complicated and vary from state to state.
In general, the Court will hold that both parents are responsible for the support of the child. If your ex-husband has primary residency, then it is possible that you will be ordered to pay some child support.
Realize that the Court will not allow him to have an income of $0 in most cases. The Court will attribute some income to him, and if it is apparent that he is making no effort to obtain employment, courts sometimes will consider him to have the average income of whatever line of work for which he is trained. Example: If a man is trained and licensed as a surgeon, but instead chooses to work at McDonalds for minimum wage to avoid child support, the Court may very well find his attributed income to be the average income of a surgeon, because he could make that amount of money and choses not to.
You need to contact an attorney who is licensed in your state. They can give you proper advice concerning your specific situation after reviewing all the facts. If you need an attorney and don't know one, contact your local or state bar association for a referral.
2006-07-26 12:42:24 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
This is very important. You MUST go back to court and get an order saying (essentially), how you will share costs, addressing child support.
Virtually every state allows the STATE to go after prior support, even months or years later, to recoup assistance. However, if a court of competent jurisdiction (probably divorce court) has issued a ruling, taking into account the changed circumstances, the state cannot go underneath this to try to get more money.
Good luck.
2006-07-26 12:37:23 · answer #3 · answered by robert_dod 6 · 0⤊ 0⤋
No you will not be forced to pay child support. He is basically acting as a baby sitter for you while you are at work. As long as you both have joint custody, it's half and half. If anything, because he has lost his job, he might end up owing you money.
2006-07-26 12:35:15 · answer #4 · answered by Shelby67grl 3 · 0⤊ 0⤋
If you share custody and it is court ordered that you each pay half then that is essentially the same thing as having a child support order in place. The fact that your ex lost his job while unfortunate does not negate his responsibility to pay half the cost of your childrens care. He would have to go to court and request that the judge change his orders and trust me no judge in this country is going to order you to pay child support, more likely he is going to order your ex to find employment.
2006-07-26 12:37:04 · answer #5 · answered by Mrs. Olivero 2 · 0⤊ 0⤋
if ya have joint custody though the courtd..no he cant make you pay child support. just pay your half of the child care cost to him,cause he'll need it to help feed the kids.but make sure its checks or moneyorders with day care cost on it.so he cant trow it in face if he takes you back to court.and who does the kids live with full time? if they live with him..yeh, he can take you to court to get child support...they'll go by your income.i'm a firm believer you should help pay to the person the kids live with....
2006-07-26 12:38:32 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I have joint custody with my ex-husband and he pays me child support. But I am also the primary caretaker and my children live with me. Call your attorney.
2006-07-26 12:37:31 · answer #7 · answered by bsmart 2 · 0⤊ 0⤋
If the doesn't go down to the court house and ask for you to be put on child support they won't order child support.But yall have 50/50 so everything is equal.
2006-07-26 12:37:39 · answer #8 · answered by intern020 1 · 0⤊ 0⤋
Yes if you are ordered by the court you would have to pay child support.
2006-07-26 12:34:27 · answer #9 · answered by Anonymous · 0⤊ 0⤋
They can yes and theres no way to prevent this. but usually with shared custody there is no child support.
2006-07-26 12:32:06 · answer #10 · answered by cin_ann_43 6 · 0⤊ 0⤋