If my husband and I have joint custody of our minor child will he still have to pay child support?
2007-12-20 11:23:44 · 8 answers · asked by rusefox 3 in Family & Relationships ➔ Marriage & Divorce
he doesnt work at this time, only me.
2007-12-20 11:29:51 · update #1
we are filing for divorce, i am doing it myself
2007-12-20 11:52:20 · update #2
It depends on whether you mean joint legal with you having physical custody or if you mean joint legal and physical where time is split evenly between you and your ex. If you have physical custody then yes, he will be ordered to pay child support. Many states will impute potential earnings or minimum wage on nonworking parents. If the custody is 50/50 he may or may not be ordered to pay child support...that really depends on your state and who makes (or is capable of making) more
2007-12-20 13:20:33 · answer #1 · answered by aly_des 3 · 0⤊ 0⤋
Each state differs in it's laws, however child support is calculated based on the combined income of both parents. If one parent is not working, the court will generally use a process that entails deciding what he is capable of making (ie) What type of work does he do? What type of income has he made in the past? Not working will NOT get him out of paying support, it will slow the process for the obvious reasons. However, if you share custody, this may cancel out child support all together, depends on who has the child the "majority" of the time, and who incurs most of the child's expenses? You can find out most of what you want to know by looking up your local Child Support Enforcement Agency on-line.
2007-12-20 12:09:39 · answer #2 · answered by mchlmybelle 6 · 0⤊ 0⤋
Are you two seperated or divorced? There should be a paper awarding someone residential custody with the other paying support and everything should be spelled out in complete detail. Also if hes responsible for paying support,and has lost his job, he better notify the courts and/or collection agency to temporary halt the payments or soon there will be a arrest warrant out on him for non payment of child support and then he will have real problems
2007-12-20 11:35:40 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
It depends on how good of a lawyer you have. I would call an attorney and set up an appointment to see what my options are.
2007-12-20 11:34:57 · answer #4 · answered by sox1 1 · 0⤊ 0⤋
Yes, and he should. It took two to make a kid and usually required two to support one.
2007-12-20 17:46:20 · answer #5 · answered by atheleticman_fan 5 · 0⤊ 0⤋
if the child dose not stop more than one night yes he dose if the child stops to nights then no he dose not have to pay a penny Wong i no but its true.......
2007-12-20 12:20:24 · answer #6 · answered by Dianne E 2 · 0⤊ 0⤋
possibly, it depends on how much money you both make; oh well in that case, yes you probably will be paying
2007-12-20 11:27:46 · answer #7 · answered by abc 7 · 0⤊ 0⤋
Not if you have joint
2007-12-21 05:54:21 · answer #8 · answered by BeautyQueen 4 · 0⤊ 0⤋