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Child Support and 50/50 custody

Apopka, FL |

My ex and I share legal and physical custody, we have our children 50 percent of the time each. Can my ex take me to court to get child support? I believe my ex makes more money than I do.

Attorney Answers 2


While either one of you can "take the other" to court to get child support, it will still come down to doing a child support guideline calculation based upon your respective incomes (and allowable deductions such as taxes, mandatory retirement/union dues, other court ordered support obligations, etc), the amount of time the child spends at each household (counted by overnights) and any costs incurred for the children such as health insurance, regularly recurring uncovered medical expenses (think prescription co-pays, etc), and any day care expenses, plus whom is paying for those additions. Typically the one who has greater income will have an obligation to ultimately pay the other, but it depends upon whom is paying for the day care, health insurance, etc. The best way to answer your question is to either download the state's standardized child support guideline worksheet form from - look under the Family Law Self-Help Forms, or to schedule a consultation with a Family Law attorney in your area who can ask you some more detailed questions and run some guideline calculations for you.

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Most family law attorneys have software that makes these complex child support calculations very quickly. Get a consult and make sure you have all the information needed for the calculations:

Both parents' income; number of children; number of overnites spent with each parent; day care costs and who pays; insurance premuims for children and who pays.

This is for informational purposes only and is not legal advice upon which anyone should rely. Nor does it create any attorney client relationship.

Stanton L. Cobb
Board Certified Marital & Family Law Specialist
Fellow - American Academy of Matrimonial Lawyers
P.O. Box 149223
Orlando, FL 32814-9223
Tel. (321)972-4643
Fax (407)374-2499

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