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Joint Custody who should pay Child support?

Discussion in 'Child Support' started by Zulma, Oct 26, 2016.

  1. Zulma

    Zulma Law Topic Starter New Member

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    Jurisdiction:
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    Divorced and have 2 boys. My ex and I have joint custody. He keeps them 3 1/2 days a week and I keep them 3 1/2 days. He pays me 300.00 month child support. Threatening to take me to court stating he was told that he doesn't have to pay me child support because he provides everything for the boys when he has them. Is this true?
     
  2. army judge

    army judge Super Moderator

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    Maybe, it all depends on several things.
    As you both split custody, his argument is why should he pay you when he has the kids as much as you do.
    A court will hear both sides, and make a ruling.
    Generally, his argument is very often a winner!
     
  3. txls

    txls Well-Known Member

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    Seems reasonable to me. But then I'm not the judge who will decide. Threats don't mean anything. Actions do. Ignore the threats and deal with it in court if he follows through.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    I think it might have a lot to do with disparity of income. If both your incomes are close to being equal then he's likely got a winnable argument.

    If he makes twice as much as you do, the court may order him to continue paying.

    Use the following calculator (items 1 through 9) to get a rough idea of how that works.

    FloridaChildSupportCalculatorZ.xlsx
     
  5. Disabled Vet

    Disabled Vet Well-Known Member

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    If you have 50-50 custody he shouldn't have to pay support. Nor should you want it since your both taking the kids equal amount of time. Unless you can't take care of yourself.
     
  6. shrinkmaster

    shrinkmaster Well-Known Member

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    Clearly the court felt this was fair for some reason since he is paying what I presume is court ordered support. He may ask court to revisit support anytime he wishes if the request has merit
     
  7. leslie82

    leslie82 Well-Known Member

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    Is this a court ordered child support payment or has he just been paying you directly to help out?
     
  8. ElleMD

    ElleMD Well-Known Member

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    Child support is very common, even in joint custody situations. It is even ordered at times when the children spend more time with the parent paying support.
     
  9. cynthiag

    cynthiag Active Member

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    In my state, generally the parent who earns more ends up paying some amount of child support, even if the time is split 50/50 between parents.
     

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