Reply
QUICK Child Support Question Leigh [CJK's Mom] 1 child; Austin, Texas 5220 posts
15th May '13

I know it varies state to state, but if you have a 50/50 physical custody, but one parent is primary legal custody, can you get child support?
He is willing to pay the amount equal to the expenses we'd share (daycare, sports, ect.), and that is about 350$ a month.
I was told (not by a lawyer, I don't have one yet) I can only get CS (even if he is willing to pay) thought the system, just in case he wasnt to suddenly stop paying, if I have primary phyisical and legal custody.




TIA

(Pregulator♡] 3 kids; 4 angel babies; I'll Never Tell..., WI, United States 3995 posts
15th May '13

yes you can get CS. Though in WI, it's only required to go thru the system if the primary placement parent is on government assistance.

user banned TTC since Apr 2014; 2 kids; Middelfart, Denmark 15320 posts
15th May '13

Generally no.



If the child is with each parent 50% of the time, there's no reason for one of the parents to be paying more than half.



Each parent pays for everything during their week.

Tonya Livingston Fulton, Mississippi 87 posts
15th May '13

I would do 50/50 joint rights!
On my son I have full primary and physical rights while having joint rights
So it means if he gets sick or has an event I have to let his father know bout it.
N it doesn't matter in cos if the minor child lives with you u can get cs

Leigh [CJK's Mom] 1 child; Austin, Texas 5220 posts
15th May '13
Quoting (♥ my littles]
Leigh [CJK's Mom] 1 child; Austin, Texas 5220 posts
15th May '13
OOPS double post
user banned TTC since Apr 2014; 2 kids; Middelfart, Denmark 15320 posts
15th May '13

<blockquote><b>Quoting Leigh [CJK's Mom]:</b>" Well I am, right now. When we seperated I couldnt afford ANYTHING, but it's been almost a year, and ... [snip!] ... I;ve paid about 3000$ so far, so I want to make it though the system (auto deduct and aust pay) to prevent him from not paying."</blockquote>




If the child is with you half of the time and with him half of the time, why would he be liable to pay you anything?

Tonya Livingston Fulton, Mississippi 87 posts
15th May '13

<blockquote><b>Quoting Tonya Livingston:</b>" I would do 50/50 joint rights! On my son I have full primary and physical rights while having joint ... [snip!] ... has an event I have to let his father know bout it. N it doesn't matter in cos if the minor child lives with you u can get cs"</blockquote>




I mean I wouldn't do 50/50



♀NoBoysAllowed 19 kids; San Diego, California 51862 posts
15th May '13
Quoting Red Bottom:" <blockquote><b>Quoting Leigh [CJK's Mom]:</b>" Well I am, right now. When we seperated ... [snip!] ... If the child is with you half of the time and with him half of the time, why would he be liable to pay you anything?"


I think she's saying that he's WITH them half the time, but they're not splitting expenses evenly (daycare costs, etc.). She's paying 3/4, and he's paying 1/4. If it's 50/50 custody, then he should be paying half.

la_mas_hermosa Due July 22; 17 kids; Minneapolis, Minnesota 6095 posts
15th May '13

Not me, but I know of someone in Illinois in a similar case and she does get CS

Leigh [CJK's Mom] 1 child; Austin, Texas 5220 posts
15th May '13
Quoting Red Bottom:" <blockquote><b>Quoting Leigh [CJK's Mom]:</b>" Well I am, right now. When we seperated ... [snip!] ... If the child is with you half of the time and with him half of the time, why would he be liable to pay you anything?"



He isn't. He is with me more than 50%, but we are trying to negociate a different agreement. We are supposed to to each pay half of the shared things, like daycare and any activities he does, and I never asked for CS because I just wanted him to do that, but he isn't consistant, and only pays if I will do what he wants (last min shedule changes, ect). And when he decides he doesn't want to pay, because he is upset with me, I have to come up with his portion. I have had to take DS out of a few things, cause I can't afford it.
I don't think we will be able to do a 50/50 agreement anyways, even though we are trying to agree, so as to not need to get lawyers (in TX you don't need one if you can agree to the terms). I just was wondering if there was a way to agree and gurantee he wouldn't be able to just pay when he feels like it.



ETA: He is with me four nights and with his dad three nights. I have him Mon afternoon to Friday morn, and my ex has him fri afternoon to monday morn

user banned TTC since Apr 2014; 2 kids; Middelfart, Denmark 15320 posts
15th May '13

<blockquote><b>Quoting Leigh [CJK's Mom]:</b>" He isn't. He is with me more than 50%, but we are trying to negociate a different agreement. We are ... [snip!] ... terms). I just was wondering if there was a way to agree and gurantee he wouldn't be able to just pay when he feels like it."</blockquote>




If you want things 50/50, make it court ordered so you're not responsible if he slacks off. Right now he answers to you, and that's not intimidating. A judge may be.

Jenny&Boopy Due June 26; 2 kids; Pittsburgh, Pennsylvania 7886 posts
15th May '13

Yes you can. My one friend has four kids to her ex husband and they have 50/50 custody and she gets child support. It also depends on income. If he makes more than you then they'd most likely grant you support.

♀NoBoysAllowed 19 kids; San Diego, California 51862 posts
15th May '13
Quoting Leigh [CJK's Mom]:" He isn't. He is with me more than 50%, but we are trying to negociate a different agreement. We are ... [snip!] ... terms). I just was wondering if there was a way to agree and gurantee he wouldn't be able to just pay when he feels like it."


Your best bet is to go through your state's child support office. When you do it off the record, it leaves you hanging when he doesn't pay, and it also leaves him in a dangerous position if you were to go to court for custody. No "paper trail" means no proof he's ever paid anything.

Leigh [CJK's Mom] 1 child; Austin, Texas 5220 posts
15th May '13
Yes you can. My one friend has four kids to her ex husband and they have 50/50 custody and she gets child ... [snip!] ... and she gets child support. It also depends on income. If he makes more than you then they'd most likely grant you support."


He makes 18$ an hour and I make 12$, when I get hourly. I work at a resturant, so it varies, sometimes I am bartending, and sometimes I KEY manage.



he also make OT and double pay when on call (he is a plumber) so he makes about 3000$ a month and I average 1600$