My son is 5 and his father and I have joint custody that we established ourselves without the courts. He keeps him every other week so we basically split the visitation in half. Everything else is also 50/50 including clothing, food, activites, tuition etc. We have been doing this with our son ever since we broke up about a year ago. He has been good with the agreement so far. The only gripe I have is that he has been late several times with paying for his tuition (private school) and last month I had to pay his half which has effected me. This month his dad says he doesn't have the tuition and now our son is kicked out of school until he pays which he says he will have it on the 15th of the month. This effects me because every time he is late or doesnt pay, I have to come up with it and it puts me in a bind. I hate putting him on child support because I know that his dad can't afford it and he would hate me but his financial burdens are effecting me. What should I do?
2006-09-11 13:47:34 · 12 answers · asked by chocolatebabycakes 4 in Family & Relationships ➔ Marriage & Divorce
If I did try to get child support, would the judge take into consideration that he keeps him every other week and not grant me child support based on our 50/50 out of court agreement?
2006-09-11 13:50:47 · update #1
What's wrong with wanting better for your child. Obviously there must be something wrong with the public schools or he would be going there. The public schools in GA are #49 in the country so therefore, I want to keep him in private school because the schools are horrible and I can't move relocate right now. I believe parents should start your child off in good schools to build the correct foundation for excellent educational skills down the road. I think I am a good mother because I will sacrifice whatever I have to in order to give him the best education I can provide and his dad should too. Instead of his dad buying video games and rims, he should be sacrificing his hobbies to provide a good education for his child. If I can do it, so should he and I shouldn't have to suffer from his dad's financial mistakes just because I want better for our child.
2006-09-12 09:32:08 · update #2
You wouldnt' get child support, you have him equal amounts of time, no parent is shouldering more of caring for the child than the other.
Child support is for the custodial parent, the one who has the child the majority of the time, the one who pays all the child's expenses such as food, clothing, shelter, in your case, it's equal.
The only thing you could ask the courts to do is mandate his school tuition be paid 50/50, or up front, that way, he has to make his fair share.
The only other option is take him to court, ask for full custody with visitation for dad and then you'd get child support, but that creates an acrimonious relationship between you and your child's father.
2006-09-11 13:55:00 · answer #1 · answered by Angeleyes 3 · 0⤊ 1⤋
It is very commendable that you have been willing to pick up the slack and I hope that at some point in time he will be able to repay you.
Is it that important that your son goes to private school? I could understand if he has special needs or medical issues. But if that is not the case....why have him in a private school to the point you both go broke? How is that in the best interest of the child?
Is the benefit that a five year old is getting in a private school going to profoundly make a difference in his education at this early stage? And as he gets older isn't tuition gonna be more expensive and then the cost of college. If you can't afford it now, how are you gonna afford it in the future?
Maybe enroll him in public school and start putting that tuition money in an education fund for college? Employers look at what college you graduated from....not which kindergarten school you graduated from.
Just my thoughts......
2006-09-12 00:41:11 · answer #2 · answered by Tony 4 · 0⤊ 1⤋
It sounds like this is a man who you had a child with out of wedlock. If this is the case no, I don't think you should take him to court for child support. It sounds like you are living a little above your means, and it sounds like your child's father is struggling just as much or more so than you. Don't make threats, this will do nothing to solve the problem. It may be your son will not be able to attend "private school" he is just 5, this will not impact his education. If you guys are having money problems with keeping him at 5, just wait until you see the bill for private high school!
2006-09-11 20:58:11 · answer #3 · answered by lily 6 · 0⤊ 0⤋
Just go to court. My husband and his ex-wife are in a custody battle and he pays for everything because he's a good dad. But if you are trying to railroad a guy because the relationship didn't work out, don't use the court system, it could backfire on you.
2006-09-11 21:34:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can't get child support if you are splitting custody 50-50
2006-09-11 21:10:05 · answer #5 · answered by Karen R 3 · 0⤊ 0⤋
no you shouldent receive support because it seems that your time with your son is equal for both but what you do need is a written agreement between both of you that specifically states both of your obligations then if and when he is unable to live up to the agreement you can bring him to court and at least get what you have coming to you
2006-09-11 20:51:41 · answer #6 · answered by lisaisfunn1 3 · 0⤊ 0⤋
it's best to take this situation to court. but I'd say since you guys split everything in 50/50 and that he's late on his payment, he should make more payment the next month and you less.
2006-09-11 20:50:17 · answer #7 · answered by superboredom 6 · 0⤊ 0⤋
You can do two things:
1. Take him out of private school. Neither of you can afford it.
2. Tell him about your financial dilemma just like you told us.
2006-09-11 20:53:20 · answer #8 · answered by Anonymous · 0⤊ 1⤋
you can't get child support based on the fact that you have joint custody and all costs are split evenly
2006-09-11 21:33:00 · answer #9 · answered by zether 6 · 0⤊ 0⤋
get a judge to sign a consent judgement that would hold him legally responsible to whatever the two of you decide, you dont need a lawyer however you need a notrey public. check local laws
2006-09-11 21:02:02 · answer #10 · answered by dieturtledie 2 · 0⤊ 0⤋