If my ex husband and I share 50/50 custody, my income is much lower than his, am I eligible to get child support? 17 Answers as of January 15, 2014

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James M. Chandler | James M. Chandler
Yes, you would be able to get support. File motion for support.
Answer Applies to: California
Replied: 1/15/2014
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
It is possible that you would be eligible for child support, however, it is also possible that when all the factors are taken into account that no support would be ordered. You should consult with an experienced family law attorney in your area.
Answer Applies to: Arizona
Replied: 1/9/2014
J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
Yes the shared custody guidelines would be in effect and you would most likely get support from him.
Answer Applies to: Virginia
Replied: 1/9/2014
Kirby G. Moss PC | Kirby G. Moss
Under these facts, you should be able to get some support to offset the disparity in income.
Answer Applies to: Indiana
Replied: 1/9/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
The answer is usually yes. For example if there is one child then the court might subtract 20 percent of your net resources from 20 percent of his net resources and then require him to pay that amount. You will need to file a motion to modify if you cannot talk him into doing the right thing out of court.
Answer Applies to: Texas
Replied: 1/9/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    In order to determine child support, each of you must complete a Financial Affidavit, determine the number of overnights in a year that each of you have with your child(ren), then obtain a Child Support Guidelines Worksheet and determine the amount of support ?each? of you is responsible for. Subtract the larger number from the smaller number and the one that has the smaller amount, will receive the difference between the two numbers.
    Answer Applies to: Florida
    Replied: 1/9/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, at least in Michigan, where there is a formula which is employed to determine the child support obligations.
    Answer Applies to: Michigan
    Replied: 1/9/2014
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    Child support is based upon incomes. There is a parenting time credit given, however you will have to run a calculation and plug in numbers including health insurance costs. There is a link to a child support calculator here: http://www.azcourts.gov/familylaw/childsupportcalculator.aspx. You can also consult an attorney if you have more child support questions.
    Answer Applies to: Arizona
    Replied: 1/8/2014
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In SC, there are several factors that are considered in whether or not child support is awarded to a parent. Your divorce decree should discuss child support and make an Order regarding it. If this is the case, then there must be a substantial change of circumstances in order to seek a modification of child support from the previous award by the Court. You should consult with an attorney as soon as possible regarding this matter.
    Answer Applies to: South Carolina
    Replied: 1/8/2014
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    In Florida, if you share equal time sharing with your husband, then you may still be eligible for child support. Any child for that is est., will not be as much as if she had less time sharing, such as every other weekend, but you may still be entitled to an equalization payment. You can consult with an attorney in order to best determine your potential rights and options.
    Answer Applies to: Florida
    Replied: 1/9/2014
    Diane l. Berger | Diane L. Berger
    The calculation would be done pursuant to Child Support Guidelines, but if the difference is significant you would probably qualify for child support.
    Answer Applies to: Nebraska
    Replied: 1/9/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Child support calculations driven by the parties incomes and parenting timeshare. If he makes more money than you, you may be entitled to support.
    Answer Applies to: California
    Replied: 1/9/2014
    Law Office of Robert E McCall | Robert McCall
    Yes. CS is not based on time with the child but each parties income.
    Answer Applies to: Florida
    Replied: 1/9/2014
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    In Michigan, child support guidelines use both parents incomes along with the number of overnights for each. It is possible that you would receive some support. Consult with an attorney to discuss the factors and calculate support guidelines for your specific situation.
    Answer Applies to: Michigan
    Replied: 1/9/2014
    Eric Johnson
    Eric Johnson | Eric Johnson
    Yes. In Utah, if you and your ex-husband share custody equally and he makes more money than you, he will end up owing you child support (it likely won't be a lot, however). To find out how much, use this child support calculator at this link: https://orscsc.dhs.utah.gov/orscscapp-hs/orscscweb/action/public/custodyWorksheet/show and then follow the simple instructions.
    Answer Applies to: Utah
    Replied: 1/9/2014
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