50/50 custody but paying CS

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misterman

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Hello all,

I'm a divorsed dad and have my son week on week off. I pay all of his schooling needs as well as cover all of his medical needs (what insurance doesn't pay). My Ex and I have been living with this arrangement for about 5 years now. We were divorced in California where she declined Alimony and only stipulated that I pay for his schooling (whatever school she choose) up to $800 a month which would constitue as child support. He now attends public school and I am paying her the money that would have gone to a school. In the divorce however it stipulated that since we were both moving to Washington State, that that would be the childs home state.

1st. Question is what state laws apply if I try to get the CS amended?

2nd Question is - Is it possible to not have to pay any CS as we are opporating under a 50/50 situation? In the divorse it states that we have 50/50 physical custody but in any unresolved situation she has the final say. I would also like that changed as she has not made the most intelligent discisions for our son.

At the time of our divorse, I made hardly and money. Now I make a good amount and she is always coming to me when times are rough for her telling me it's my resposibility.

I don't see this as fair. I work my a** off to do well and she is lazy but is being rewarded for it. I support my son and pay for everything and have physical custody 50% of the time.

So the big question is, am I just SOL or do I have a chance of winning this battle? Do I need to go after primary custody? Do I even stand a chance of getting it? Seems like a woman can have no job, be lazy, be on crack and still get primary custody even with 50% custody. I'm not looking to rip the kid away from his mom. I know kids need both sides. I'm just not willing to give her money for the privelage of having such a wonder son.

Any advice would be appreciated. I'm tired of her holding my son over my head for money.

Thanks
Misterman
 
Q: Do I even stand a chance of getting it?

A: About 50-50, more or less.
 
Thanks for the answer but do you think you could ellaborate? Also, might you have an answer to my first question?
 
California should have juristiction over your CS. You can file for change of venue to the state you are moving to. I would write a letter to your child support office or look up child support guidelines in both states.

I would try to hire an attorney.

Hope this helps,
gearhart7
 
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