My ex is talking about seeking 50/50 custody of our two kids to get out of paying child support. He is currently $7,000 behind and the OAG has placed an enforcement suit against him so he is now saying he wants to get 50/50 custody. He never keeps a job in order to avoid paying. What should my next steps be.
Unfortunately, it is common for the noncustodial parent to seek a 50/50 schedule with the goal of paying no child support. If the coparenting relationship is not good and if the dad does not already exercise his full possession time and ask for more time, it is not likely that he will get a 50/50 schedule ordered by the court. If a parent is not already super active in the children's lives, the court generally sees the request for 50/50 as a ploy to get out of paying child support. Also, a court could order a 50/50 schedule and still order child support to be paid. As far as your next steps, you should attend all the hearings. Your ex should file a suit for modification to be heard on his 50/50 request. However, the AG may ask you if you agree to the 50/50 schedule. If you do not agree, make sure to let the AG and the judge know that you want to keep the standard possession order in place.
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