What rights do I have that can help me get better custody of my daughter as well as it feels like I’m her pay check now? 4 Answers as of May 27, 2013

My daughter’s mother and I have a verbal 50/50 custody agreement. It works out to I watch her while she’s at work, 4 hours a day 5 days a week. She just filed for child support because she doesn’t have enough money by herself to support the both of them. Am I in the right by giving her $450 a month in child support or is there something else that I need to know? I only get her those hours I said above, never overnight and literally have to beg her to hang out to see my daughter otherwise. She relies on that in order to get by every month. Is she not required to get a better paying job or what is the case?

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
You should be paying whatever is recommended by the Virginia Child Support Guidelines and I have no idea what that may be since I obviously do not know the financial factors involved in your particular situation to do the calculations (You can find these guidelines online and do the calculations yourself.) As for your apparent problem in getting your appropriate share of time with the child, you may have to bring this problem before a judge to resolve by entering an order which your wife will then be mandated to follow (unlike the situation now with your verbal agreement which she apparently feels that she can ignore).
Answer Applies to: Virginia
Replied: 5/27/2013
The Law Offices of Tres A. Porter | Tres A. Porter
You need to consult with a family law attorney in your area as soon as possible. It is impossible to determine if $450 per month is the correct amount without knowing your monthly income. Also if you are watching the child during the week, you should certainly discuss the possibility of having overnight visitation.
Answer Applies to: California
Replied: 5/22/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
She is not required to get a better paying job. However, you can ask the court as part of this proceeding to institute a custody schedule that gives you some overnights, holidays, vacations, etc. That will lower the amount of child support you have to pay.
Answer Applies to: Idaho
Replied: 5/22/2013
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
A true 50/50 time-sharing arrangement would mean that you have the child 50% of the overnights each year. The system that you have now appears to give you 0 overnights. Assuming that you all were never married, you need to file a Petition to establish your paternity of the child though the courts. You can then ask for the court to order a Parenting Plan that includes overnight time-sharing for both parents. Once you go above 20% of the overnights with the child, you are entitled to a reduction in the amount of child support that will be ordered.
Answer Applies to: Florida
Replied: 5/22/2013
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