joint custody and child support

[kerribugs]

My ex and I have a child support agreement through the courts already but he is now fighting for joint custody to get out of it. I am getting mixed information on whether or not child support will be squashed if he gets joint custody.

 

[irish223]

It depends on your state, but generally if you share custodial time equally, then the child support is adjusted to compensate. If your incomes are the same, then your contributions would be the same. That means no child support to either of you. If he makes more than you, then he will probably have to pay the difference between both your contributions. Likewise, if you make more, you would pay him.

 

[kerribugs]

He makes about $3000 more a year, but opts to only work 35 hours instead of 40. Also, I live in NY. Not sure if that matters.
Thank you for your assistance.

 

[Duranie]

3000.00 is not alot and it is likely CS will be very minimal. You can certainly ask he pays a small amount but if he gets 50% parenting time then he should not be paying CS to full guidelines.

 

[irish223]

From what I've read, New York judges are reluctant to order shared parenting/joint physical custody unless both parents agree. You might want to talk to an attorney about that.

In any case, you can get a ballpark CS amount using the calculator:
http://www.alllaw.com/calculators/childsupport/new_york/

Good Luck!