Will I be required to pay child support in a divorce? 22 Answers as of May 18, 2011

If my husband and I get a divorce and we share custody, will either of us be required to pay child support? He makes more money than I do.

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes, if the statutory guidelines indicate that you should pay child support. The fact that your husband makes more money than you is only one of the factors that enter into the statutory guidelines.
Answer Applies to: Colorado
Replied: 5/18/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
Under New York State law, the noncustodial parent is required to pay child support to the custodial parent until the child reaches maturity (currently defined as 21 years old). The amount of child support for one child is 17% of the combined adjusted gross income of both parents. In addition, child support can also involve payments of health insurance, a portion of unreimbursed medical claims, a portion of extracurricular activities and child care. In the case of joint custody, the applicable statute is silent, so the court will determine which parent has the child the majority of the time and order the parent who has the child the minority of the time to pay child support, often using the guidelines under existing New York State law.
Answer Applies to: New York
Replied: 5/18/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
He will probably have to pay something.
Answer Applies to: Connecticut
Replied: 5/18/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In Oregon, child support is determined by a calculation that takes into consideration the amount both parents make, as well as what expenses each parent pays every month for the child (daycare, insurance, etc.). The calculation also takes into consideration the amount of time each parent spends with the child. A court may very well order a parent who makes more than another to pay child support.
Answer Applies to: Oregon
Replied: 5/17/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
the parent who has the children 50.0000001 percent or more of the time is entitled to child support but if the plan is 49.9999999 to 50.0000001 the non-majority of time parent has an argument to deviate from the standard calculation of support.
Answer Applies to: Washington
Replied: 5/17/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If you reside in Western Washington, feel free to call me to schedule a free initial consultation-either in person or by phone-about your situation. Child support depends on both the custodial arrangement and the parties' incomes.
    Answer Applies to: Washington
    Replied: 5/17/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    With joint custody, there will still be a primary physical custodian. That parent receives the support. Stay well.
    Answer Applies to: Alabama
    Replied: 5/17/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    So much depends upon the custody sharing plan. It would be wise to have an attorney review your options with you based upon the circumstances and apply the Uniform Child Support Guidelines to your particular situation.
    Answer Applies to: Georgia
    Replied: 5/16/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    Paying child support depends on the custody arrangement and the gross income of both parents. Just because you share custody does not mean that there will be no support.
    Answer Applies to: California
    Replied: 5/16/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, it is likely that he will have to pay some child support if he makes more money than you. Speak to a matrimonial lawyer for details. Good luck.
    Answer Applies to: New York
    Replied: 5/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is possible. Minnesota's child support statutes take into consideration each party's income and the amount of parenting time.
    Answer Applies to: Minnesota
    Replied: 5/16/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    That all depends on how much each of you make and who has the child the most. In Utah we have a child support calculator that could figure that out. We offer a free consultation to our potential divorce clients. Feel free to give us a call.
    Answer Applies to: Utah
    Replied: 5/16/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Sounds like he will pay child support to you. I can answer this for you if we discuss this and I get more information. Give me a call, I will help you out.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    There is a calculation that is done even in shared parenting situations. It is possible that the party making more will have to pay some but it is also possible for the parties to recognize that the amount, if very low, is not really necessary and a court could excuse the payment requirement.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, that may depend on how residential time with the child is shared. If the schedule is 50/50 and the father has the larger income, then likely he would have to pay support to you.
    Answer Applies to: Washington
    Replied: 5/16/2011
    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 gross income of each party and their custodial timeshare. If you and your husband share 50/50 custody and he earns more than you do, you would qualify for a child support order in accordance with the California Mandatory Child Support Guideline.
    Answer Applies to: California
    Replied: 5/16/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It's not possible to answer this question without knowing the exact timeshare of each parent and each parent's respective income. You can go here to run your own child support calculations: http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default .aspx As an alternative, you can call a local family law lawyer for assistance.
    Answer Applies to: California
    Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, if you have shared custody, one of you may be required to pay support. Typically, the individual that makes more will pay but there are many factors that go "into the equation."
    Answer Applies to: Washington
    Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    The answer to that question is not as easy as it would seem. To calculate child support in Oregon you need to know incomes of both parties, the number of overnights each parent would have the children each year, day care expenses if any and medical premium costs for the children. Go to my website and click on the link for the child support calculations. It should direct you to the Oregon Department of Justice child support calculator. Generally in equal parenting time cases, child support will be minimal or non existent. If he makes a great deal more pre month than you do, then he may be obligated to pay you some child support. Take a look at the calculator. That should answer your question.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Generally, the higher wage earner is liable for paying support, depending upon the relative earnings of the parties. If the amounts are the same and there is an equal timeshare (with no other differing factors) then there would be no support (that is very rare). If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/16/2011
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