If my son has 50/50 custody of his son, should he still be paying child support? 11 Answers as of January 07, 2014

The child's mother just quit her job for no reason. She has also claimed him every year on her taxes.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
There are many factors that go into a child support calculation. If there is a change in circumstances your son must get an order modifying the prior support order, or he may be required to pay back support. Your son should be consulting with an experienced family law attorney to assist him with this issue.
Answer Applies to: Arizona
Replied: 1/7/2014
The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
It would depend on his income. Generally with 50/50 custody, he owes her child support of her half of the time, and she owes him support for his half. Their support would be based on their earnings capacity, NOT necessarily what their earning. If he has the ability to make more money than her, the amount he would owe her may be more than what she owes him. You also have to consider who's paying for health insurance and day care expenses.
Answer Applies to: Louisiana
Replied: 1/7/2014
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
Child support is dependent upon the parties' incomes and a formula. The mother can still be attributed her past income, if it can be shown she voluntarily quit her job. The child support calculation will also affect tax deductions and if your son has been current, he presumably should have been able to claim the child for some of those years. It depends on the court order and whether he is current. I would suggest having him consult an attorney if he has more questions.
Answer Applies to: Arizona
Replied: 1/7/2014
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
Answer Applies to: New Jersey
Replied: 1/7/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Was he making more than her? Then yes, he pays child support. As for taxes, that would have been handled in the custody order.
Answer Applies to: Idaho
Replied: 1/7/2014
    Eric Johnson
    Eric Johnson | Eric Johnson
    In Utah, child support is not based upon poorly the number of days each parent has custody of his or her children. While the division of child custody has an effect on the calculation of child support, child support is based upon a combination of tradition of time between the parents and the parents' respective gross incomes. To give you a stark (and oversimplified) example, imagine a divorced couple where the mother and father have exactly 50-50 joint physical custody of their children. Now imagine that the father grosses $17,000 a month, and the mother grosses minimum wage, or $1,256 per month. Let's also assume that the parents share custody on a week on week off basis. The Way, Utah sees it, the lifestyle to which these children are accustomed is based on the monthly aggregate income of both parents, or $18,256 per month. Rather than have the children live like kings when they're with dad, and then live like paupers when with mom, the law in Utah seeks to level out the amount of money spent on the children by both parents. No, the law in Utah does not require dad to hand over half of his income to mom every month, and one of the reasons is because the parents are now divorced. Dad is responsible for helping mom maintain the lifestyle the children by giving her some of his income. Now here's an interesting fact. We know that if mom had been awarded sole custody of the children, dad would have to pay her child support. But what if the children had been awarded to their dad? What mom have to pay dad child support even though she makes minimum wage, and even though dad almost certainly has enough money to take care of the kids without contribution from mom? While the court has some discretion over how it awards child support, if the court strictly followed the child support guidelines of the Utah Code, the noncustodial parent in this case, mom would end up paying dad some child support. To get a better idea of how child support is calculated in Utah, the best thing to do would be to make an appointment to meet with an attorney (and yes, you should expect to pay the attorney for the service he or she provides in consulting with you, but like anything of value, it will be worth the price). You can also go to the Utah State Office of Recovery Services website, where they have a child support calculator that will show you what child support would be according to Utah's statutory child support guidelines. Here is the link: https://orscsc.dhs.utah.gov/orscscapp-hs/orscscweb/action/public/custodyWorksheet/show
    Answer Applies to: Utah
    Replied: 1/7/2014
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    An equal split of time does not preclude payment of child support. I suggest hiring a lawyer.
    Answer Applies to: Texas
    Replied: 1/7/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Child-support is based upon the gross incomes of the parties as well as parenting timeshare. If the mother quit her job without justification, the court may impute income to her for the purposes of calculating support. Your son should meet with an experienced family law attorney to explore his legal options.
    Answer Applies to: California
    Replied: 1/7/2014
    John Russo | John Russo
    Custody is not the issue, it is placement, joint custody is common in most divorces but again who has placement. And yes you can still pay child support under a shared placement setup, especially if there is a large discrepancy in income levels, also both parties pay child support if she just quit the court should continue to impute income to her, you should really first research the issue of child support, most people believe it is based on just one parents income or ability to earn income, which is not factual.
    Answer Applies to: Rhode Island
    Replied: 1/7/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    Yes it is very possible as the shared custody guidelines would be in effect and most likely the parties have differing incomes. Generally the person with the highest income will still pay child support to the other party under the shared custody guidelines.
    Answer Applies to: Virginia
    Replied: 1/7/2014
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