child support and joint custody?
i just broke up with my bf and have a 1 yr old lil girl. as far as i know, joint custody is where we hav her half the time each. if that's correct, does he pay child support. i was told by a friend that in joint custody cases he wouldn't have to pay child support. how does that work?
You (or he) will have to prove paternity for him to have any custody rights, but you will also have to prove paternity for him to be required to pay any child support.
Joint custody can mean you each have 50% of the time with your child, but not necessarily always. It depends on what arrangement the court determines (or you agree) what would be in the best interests of the child.
Support is based on a complex calculation involving your percentage of custody time, your income and your deductible expenses (at least in California, other states may differ). Assuming you do split custody 50/50, then he would be likely to pay you child support if his income is substantially higher than yours, or vice versa.
November 26th, 2008 at 8:01 pm
If his income is significantly larger than yours than yes the court will probably make him pay some child support.
References :
November 26th, 2008 at 8:36 pm
Depending on how much time you each have your child will determine what he pays. You will most likely get primary custody (being that she lives with you most of the time) so he will end up paying something as far as child support goes.
References :
November 26th, 2008 at 8:50 pm
If there is a significant difference in your incomes, the one who makes more would probably pay child support (in a joint custody 50/50 agreement). Go to court and get it all on paper, so there are no arguments about what your baby is entitled to.
References :
November 26th, 2008 at 9:01 pm
Even in joint custody one parent generally has the child the majority of the time. For example-you would have the child weekdays he would have her weekends. Generally that's how it works because in most instances it is too disruptive to be switching off frequently. There's also two types of custody-physical and legal. Physical custody is self-explanatory. Legal is who makes the decisions on school, health, religion, etc.
References :
November 26th, 2008 at 9:12 pm
it depends who has the primary care of the child. If you push for child support you can get it. It all depends on what the judge says about it go to court and see what you can do
References :
November 26th, 2008 at 9:46 pm
You (or he) will have to prove paternity for him to have any custody rights, but you will also have to prove paternity for him to be required to pay any child support.
Joint custody can mean you each have 50% of the time with your child, but not necessarily always. It depends on what arrangement the court determines (or you agree) what would be in the best interests of the child.
Support is based on a complex calculation involving your percentage of custody time, your income and your deductible expenses (at least in California, other states may differ). Assuming you do split custody 50/50, then he would be likely to pay you child support if his income is substantially higher than yours, or vice versa.
References :
November 26th, 2008 at 10:02 pm
In joint custody cases, where each parent spends equal time with the child, usually no one pays support. HOWEVER, if one of the parents income is significantly larger than the other, then the one with the higher income will pay some support to even out the incomes.
References :
November 26th, 2008 at 10:26 pm
Joint custody is where both parents share responsibilty and descision making of the child, one parent has physical custody and the other has visitation ( every other weekend, 2 nights a week and holidays) the non custodial parent( the one the child does not live with) pays child support as well as carries insurance for the child and usually pays 1/2 of other expenses. Shared custody is where both parents have the child equal time throughout the week or month and still one parent usually have actual physical custody and the other still pays child support
References :