CA resident. Never married. I understand that I'm at least responsible for his health/dental insurance (which what I've been taking care of), but does the mom require more? I provide just as much as she. She's married & has another child. I'm single. I have huge projects I want to do to benefit my son (11yrs old), but it would require every cent to put into? Want to file for joint-custody stay, but trying to avoid all drama possible.
2006-10-27 12:20:02 · 21 answers · asked by aCe ♠ 5 in Family & Relationships ➔ Marriage & Divorce
AS far as I know, when parents have 50/50 custody, they do not have to pay support. Child support is to make up for the time that you are not there to provide housing and clothing costs.
2006-10-27 12:28:54 · answer #1 · answered by Shanigirl 4 · 0⤊ 1⤋
Normally when you have the child 50% of the time and the mom has the child 50% of the time, you pay child support for the times your child is with the mom. I have friends that has joint custody of their children. It's no longer 50 - 50 for them because of school. But the children spend summers with the dad. Dad is paying child support during the school year and mom is paying support during the summer. One of my friends has had joint custody since her children were babies and not in school yet. Up until the kids started school, it was 50 -50, and that is how the child support went. Hope this has been some help in answering your question. Or have I confused you all the more?
2006-10-27 12:32:42 · answer #2 · answered by Vida 6 · 0⤊ 0⤋
File for joint custody, keep proof of the money given to the mother (always get receipts). Money order if you have to. I had a friend like that and the judge said he could give less. Explain your situation to the judge and present proof of your payments (very important). Discuss your time spent with your child then throw in the project that WILL benefit your son if you have too. This was in NY, laws are different out there. Oh, it also depends on how much mom is making I think.
2006-10-27 13:02:29 · answer #3 · answered by Keymay 2 · 0⤊ 0⤋
The support is for the child, NOT the mom. If the child's mother makes less money than you and she has more dependents than you do, then yes. You should pay support. The child deserves to have two financial stable parents. Besides if the mother struggles financially, the child will suffer too. A large percentage of single moms are in or near poverty level. This is not true for single dads. The government and the law is trying to solve this social problem.
2006-10-27 12:34:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In most states the judge will take into account how much both parents make and ..example: if it takes 500.00 per month to support the child you split the cost but if one parent makes twice as much money as the other it will be adjust accordingly. You are very lucky to only be providing health/dental insurance. If you go to court you will be paying for half of what is deemed necessary for his monthly support in addition to the insurance!
My ex and I had joint custody,which meant he had the right to be included on decisions made for or about their religion,care etc. But he still had to pay support,provide for the health/dental insurance and he had to pay for day care.. It is different for every state and most situations, your best bet is to get a good lawyer! Even though the kids were with him 6 weeks in the summer,he still had to pay support because part of that support helped pay for their home which had to be maintained whether they were visiting him or they were at home with me.!
2006-10-27 12:26:40 · answer #5 · answered by Jo 6 · 0⤊ 0⤋
More than likely, you need to prepare for the drama. Hopefully, you will not have any, but I say prepare for the worse. If she has sole custody and is getting child support, I doubt she will give up the child support and half of the custody to appease you. You have to realize that you will be taking away from her income if you take away the child support, and most women will not go for that.
2006-10-27 12:25:10 · answer #6 · answered by ShacklesOff.com 3 · 0⤊ 0⤋
If you get joint custody, you should not have to pay your ex child support since joint means the child is split between the two of you. I am sure you can go on a website to get more answers on what your state requires.
2006-10-27 12:23:17 · answer #7 · answered by Marie 2 · 0⤊ 0⤋
I would contact an attorney first. Is there a child support order in effect??? Do you make a lot more money than her??? Sometimes if the parenting is 50/50 you can make it so no one pays support, but that truly depends on your state and the judge presiding over your case.
2006-10-27 12:25:27 · answer #8 · answered by Michaela 4120 3 · 0⤊ 0⤋
He still needs support that other 50% of the time that he is not with you. You don't have to go through any ugly legal battles if you can just sit down and talk to the mother of your child and let her know whats going on. If you can't afford it sometimes, send what you can and let her know. If she can't understand that you are trying to better yourself for your son then thats her. You continue to be the bigger person by keeping your cool. Always keep a record of what you send or buy. Try to keep all receipts. I know it sounds bad but they are lifesavers if you ever have to go to court. If she's a mature person talking to her should work. Talking not yelling.
2006-10-27 12:28:28 · answer #9 · answered by yp_fanta_beaumont 2 · 0⤊ 0⤋
Filing for joint custody prevents drama because everyone knows where they stand and what the rules are. Ask an attorney about specific support questions.
2006-10-27 12:22:59 · answer #10 · answered by Anonymous · 0⤊ 0⤋