QUESTION

If my son has 50/50 custody of his son, should he still be paying child support?

Asked on Jan 03rd, 2014 on Child Custody - Rhode Island
More details to this question:
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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6 ANSWERS

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.
Answered on Jan 07th, 2014 at 6:31 PM

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Personal Injury Attorney serving Marksville, LA at The Bryan Law Firm L.L.C.
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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.
Answered on Jan 07th, 2014 at 6:30 PM

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Alternative Dispute Resolution Attorney serving Chandler, AZ at Cox Sandoval Law, PLLC
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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.
Answered on Jan 07th, 2014 at 6:29 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Was he making more than her? Then yes, he pays child support. As for taxes, that would have been handled in the custody order.
Answered on Jan 07th, 2014 at 2:09 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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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
Answered on Jan 07th, 2014 at 1:54 PM

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An equal split of time does not preclude payment of child support. I suggest hiring a lawyer.
Answered on Jan 07th, 2014 at 1:49 PM

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