Do I have to pay child support if I share custody with the mother's child 50/50?

Asked over 1 year ago - Salem, OR

I share custody of my son and we spend equal amounts of time with him. In addition, I pay for his medical insurance. The mother has been very difficult to deal with lately and I am considering putting in legal paperwork to ensure she maintains her schedule.

Attorney answers (2)

  1. Jay Bodzin

    Contributor Level 20

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    Answered . You might have to pay child support even if you have equal parenting time, if you earn substantially more money than the other parent does. Child support amounts under Oregon law are calculated according to a complex algorithm. It factors in the income of each parent, the amount of expenses (such as medical insurance - you'd receive a credit, for providing that for your child) and the amount of time, measured in overnight stays per year, that the child spends with each parent. This page contains an application for computing support amounts: https://justice.oregon.gov/guidelines/

    On the other hand, if you had more parenting time than the other parent, even just a little bit, you'd be entitled to receive support from her. If your incomes are roughly the same and you have equal time, then neither of you would need to pay the other.

    If you have no formal judgment of custody, then you may want to get one, if the other parent won't communicate with you or work reasonably with you. You should consult with an attorney in private before taking any legal action. You can read more about the laws that govern these cases here: http://www.northwestlawoffice.com/custody.html

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Diane L Gruber

    Pro

    Contributor Level 18

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    Answered . Do NOT file anything with the court without FIRST taking the current custody judgment to an experienced custody attorney. At least you will learn what to do and what NOT to do. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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