Does my ex-husband have to pay me child support if we split time with the kids evenly? 2 Answers as of June 20, 2011

My ex-husband makes more than two times what I make. If we have joint custody of our 3 kids, and split our time with the kids evenly, does he still have to pay me child support?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
In NY yes. There is no reduction for having the kids an equal amount of time, although some other states do have that arrangement, in which situation, it would work out to a "wash" between you since both of you share your time and expenses with them. Speak to a local attorney. Good luck.
Answer Applies to: New York
Replied: 6/20/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
Even if you have "joint" custody, you may still be entitled to child support based on the income disparity between you and your ex-husband. You should consult with an attorney to review your divorce papers (including your settlement agreement, if applicable).
Answer Applies to: New York
Replied: 6/20/2011
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