i have joint custody of my daughter do i have to give the ex wife any maintenance?

Question

i have my daughter 3 nights one week and 4 the next i've sighned over the house to the ex to keep our daughter at the same school. does anyone know were i stand on weather i still have to pay for my daughters up keep when she is with the ex and not with me

Answer 1

What did the court allow in the joint custody agreement?

Answer 2

It is very admirable of you to sign over the house for the sake of your daughter. I'm not sure what the law states about thisso i would ask the citzens advice beaurea or similar organisation. I would just like to add this: does your partner earn a decent income to support her and your daughter on the 3/4 days that she is with her mother. If the answer is no then you may be required (even though you gave the house) to provide money for the 3/4 days she is not with you. Simply because your child needs your support as a minor for 7 days a week. If you were still living with your ex you would still support your child financially 7 days a week. Good luck. i think i know where your comming from and i hope your x is equally fair, considerate and generous with you.

Answer 3

If there's court paperwork in place, you technically have to pay what's ordered, but not if your ex wife agreed to let you go without. Write up an agreement and have both of you sign it, and file it at the court. That way if she ever decides to try and say you never paid her child support, the judge will see that she already said it was unnecessary.

If she's still pushing for support, file a form at the courthouse to change the court orders, and start keeping documentation of how much you spend on your daughter. Keep receipts for everything, even a pack of gum at the store. Keep a calendar, and write her name on each day you have her. Bring all that plus proof that you signed the house over, when you go to court, and give it to the judge. If you're lucky, it'll convince the judge to waive child support.

Answer 4

Yes you do. It works on how many nights she is with each of you. My friend has his daughter three nights a week. But he is also her childcare 2 days a week plus every other weekend his parents look after his daughter 2 days a week. So the mum has her 1 day a week, every other weekend. But the little girl sleeps at the mums 4 nights so she gets the money. I hope this makes some sense. Talk to you solicitor or the C A B. good luck

Answer 5

Maintenance is the current equivalent of alimony - child support is what you pay where children are involved. Now to actually answer your question (1) you should hire an attorney, I am just a paralegal - but it would depend on income equality. For example, If you make $80,000 a year, and the ex makes nothing - you have to pay her 17% in my state. Contact your local bar association and as for a referral to an attorney who practices in family law, for your protection, as well as that of the child.

Answer 6

Just bc he isnt working doesnt mean he will get it. The court would see that as lacking responsibility. In my state we have what is called rule 19 where the other party gets the kids once a week and every other weekend. You have been the rock in your kids life and the court will look at that. And question why he is starting this now after 16 months. They will question his motive as well. And in the end it will be what is best for the kids. Good luck

Answer 7

That probably should have been settled in your divorce,,but in going through this same problem with family members and close friends,,when you have joint custody support can still be awarded through the court but that would be all you should be liable for unless you still want to help out from time to time with your daughter. Good Luck

Answer 8

if ur ex does not make as much $ as u i know here in calif that the person who makes more $ does have to pay some sort of $. see my ex makes alot and we had joint but i had the girls 4 to 5 days a week and him 2 to3 days a week so he had to pay $ to me. i also was a stay at home mom too

Answer 9

no you should not have to pay her any support when you have her the same amount of time. Just make sure she has what she needs.... and if she does need something talk to her mom and come up with a financial schedule of who pays with what. When sports or extra curricular activites come into play you need to be fair on who pays for it. And if you have more income than her.... then definitely help out when you can.

Answer 10

it sounds like you guys are sharing her 50/50 if you did have to pay it would not be very much, but you also gave up your half of the house, so that could count towards that. Make sure you have proof of everything, and the value of the house when you go to court.