Can I still recive child support if my daughters father has 50 percent custody? 16 Answers as of May 11, 2011

My daughters father has filed for 50% custody. I am afraid for him to get that granted and for him not to help me economically, she lives with me, I buy her everything and he doesn't help.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Absolutely. Child support is calculated off disposable income and the amount of time the child actually spends with each parent. So, if you are the primary care giver to your child you should be in line to receive some support. You should contact a local family law attorney to help you open up a child support case.
Answer Applies to: California
Replied: 5/11/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Yes. The "primary physical custodian" is the parent who gets the support, which sounds like you in your fact scenario. Stay well.
Answer Applies to: Alabama
Replied: 5/6/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It really depends. When there is a 50/50 split of possession time, the Court has discretion. If you do not have a lawyer, let me advise you this. Get one. I have seen many times when people try to do it themselves and if there is even one contested matter, you are hurting yourself if you do not get competent counsel to assist.
Answer Applies to: Texas
Replied: 5/6/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Hire a divorce lawyer immediately There is a complex formula for setting child support If his income is greater than yours even if a 50-50 custody arrangement you will still receive child support
Answer Applies to: Tennessee
Replied: 5/6/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Yes, but you may not or it might be reduced from what it should be. If the child lives with you, fight to be the primary caretaker and to get the full amount of support you should receive.
Answer Applies to: Washington
Replied: 5/6/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes, if the income figures support it. If father's income is much higher than yours, he will probably still have to pay you child support, but it will probably be less than what he has been paying. Whether the court will give him 50/50 parenting time will be decided based on the best interests of the child. However, it father is only seeking 50/50 time as a way to reduce his child support that will become obvious to the judge and work against him.
    Answer Applies to: Colorado
    Replied: 5/6/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It is possible you will still get support. The Guideline amount would be determined and then he would ask for a deviation from it assuming he makes more than you do but that does not mean it would be eliminated necessarily.
    Answer Applies to: Connecticut
    Replied: 5/6/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    50/50 Physical Custody does not equate no child support. If there is a disparity in incomes between the parents, child support will be paid. However, the amount will obviously be less then if the custodial time share was lower for the non-custodial parent. We are able to determine in advance what child support will be for those clients that we represent.
    Answer Applies to: California
    Replied: 5/6/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    In Utah child support goes to who has the child more time according to the parenting plan. The child support follows the child.
    Answer Applies to: Utah
    Replied: 5/6/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The Minnesota child support guidelines factor in each parent's income and the amount of time each party spends with the minor child. That means you may received child support even if the parents share parenting time.
    Answer Applies to: Minnesota
    Replied: 5/6/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    The answer is that you might be able to continue getting child support, but I need more information to answer your question for certain. How much money you make, how much money he makes will be important. But you have another serious issue. He is trying to take 50% custody, and you should fight that. I can help, I have been doing this for years, successfully. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 5/5/2011
    Bivek Brubaker and Prescott LLC
    Bivek Brubaker and Prescott LLC | Damon Bivek
    Yes, you can still receive child support even if your daughter's father has 50% custody. The amount of child support will depend upon your respective incomes and the child support worksheet.
    Answer Applies to: Georgia
    Replied: 5/5/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Child Support is based on the mother's income, the father's income, and the percentage of custodial timeshare. If the father earns significantly more than you do, you would still be entitled to some Child Support even if the father gets his requested 50/50 Child Custody. You should timely file an appropriate Responsive Declaration to the father's OSC to modify Child Custody, and appear at the hearing. You would best retain the services of an experienced Family Law Attorney to prepare your paperwork and represent you in connection with your Child Custody and Child Support matter.
    Answer Applies to: California
    Replied: 5/5/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, you may be entitled to child support based on your respective incomes (e.g., you make less). If there is a 50/50 plan, the father may be entitled to a deviation downward in child support. Many factors come into play when establishing child support.
    Answer Applies to: Washington
    Replied: 5/5/2011
    Ciccarelli Law Offices
    Ciccarelli Law Offices | Lee Ciccarelli
    You need to make an important decision and hire a divorce lawyer you can trust to be vigilant, aggressive, reasonable and affordable. You make that decision by speaking to him and listening.
    Answer Applies to: Pennsylvania
    Replied: 5/5/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If he has her half the time it is also expected that he will provide more for her directly. As for your question, it depends upon the relative earnings of the parties. If you make significantly less than he does, then you probably will still get some support.
    Answer Applies to: California
    Replied: 5/5/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney