If I have shared custody of Our kid do either one of us have to pay child support?

Question

The kid is due november 26th isn't born yet. Were not working out and I want shared custody but am i still going to have to pay child support???

Answer 1

Not if you have equal custody. If you only have the child for 2 days a week, versus 5, you may need to pay something for food, etc. Things like medical bills will need to be split no matter who has him/her at the time.

Keep in mind, that even know you two may not get along, you have one thing that is very important in common. And that should overshadow whatever disagreements you have between yourselves.

I recomend that you keep a calender just for this purpose. Make a note on ever day and time of when and who picks up the child, and where he stays. this only takes a second every few days, and can be very benificial.

A friend of mines ex' tried to take him to court for child support, (out of spite, about 3 years after their seperation) because 'she is the mother'. He showed the judge the calenders, and it showed that he had the child more than she did. The judge quickly dismissed her claims.

Answer 2

It depends on placement, not custody. If you share custody, but placement is with the mother, therefore she must do all the work and support, you will be required to help pay child support. On the other hand, if placement is with you, she would pay you. Finally, if you have shared placement, where the child spends 50% of the time with you and 50% of the time with the mother, since you are both taking care of 50% of the cost of raising the child, there should be no need for payment to the other person.

However, it is always best to make sure that any agreement reached by the parties is formalized in writing and written as an order of the Court if you two come to an agreement. Otherwise, the Court may make its own decision later based on a petition by either the mother or you or the equivalent of the Division of Child Support Enforcement in your area.

Good luck!

Answer 3

It depends on the laws of your state --- that's why it's important to have an attorney.

In Indiana, the paramount interest of the Court are the interests of the child, so the courts want mom and dad to contribute on payment of child support. In Indiana there are formal "Child Support Guidelines" which is a specific formula for calculating how much support each party is supposed to contribute based on income and other pre-determined factors. Many states have adopted similar formal child support formulas.

But if mom and dad have an agreement and all other other factors work out in the formula, child support may be the same for mom and dad that neither party is actually paying the other party any money.

It's VERY important that you contact an attorney. The baby will be your financial responsibility for 18+ years. A small child suport mistake in the beginning can be very costly for MANY, MANY, years. And yes, mom and dad can have a friendly paternity and work out their own agreement, which should be approved and formalized by the court. A calendar is a fantastic idea.

In Indiana, one parent is not presumed to be a better parent just because of their gender or the age of the child. If you want joint custody, you should try for joint (shared) custody or even sole custody...

Be a good parent even if you couldn't work things out with your significant other and pay your support if you are ordered. Good Luck.

Answer 4

In order for you to avoid child support you will need to obtain joint physical custody of the child once it is born. That means you agree to be responsible and take care of your child 50% of the time; its mother would take responsibility for it the other 50% of the time.

The Court does not usually grant this type of custody arrangement unless you have already proven that it will be beneficial to your child and that you and the child's mother are able to communicate regarding the child with out fighting, etc.

The only other way to avoid child support is to have the child's mother Stipulate (agree) that you do not have to pay child support - chances are she will not do that.

Answer 5

If one person has primary custody (Has the child most of the time.) Then the other parent would have to pay child support.
But it depends how you work it out and what the judge decides.

Answer 6

Who ever isn't living with the child will have to pay child support. SO more then likely(if your the father) you will have to pay child support.

Answer 7

The chance of you getting "shared custody" of an infant is probably close to zero.

You will be paying child support, typically 20% of your income.

Answer 8

if you dont go to court and fight it out noone has to pay as soon as the court gets involved someone is paying.period.

Answer 9

If you aren't self-movtivated to lovingly sacrifice for your child, you're not ready to be a parent.

Answer 10

yes