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How to keep joint custody legal and physical of my child and avoid child support payment

Tampa, FL |

Going through divorce, being separated for years and since separation I have been keeping my child every other week. Soon to be ex-wife wants to keep agreement of keeping my son every other week but wants me to also pay child support. When my son is with me she does not spend any money on him, I provide everything he needs while he is with me, including Dr.'s appointments and daycare expenses. I don't think is fair that in top of providing for my child 50% of the support I have to give her money too. Is that legal?

Attorney Answers 3


  1. The answer to your question will depend upon how the court has classified custody of your child. Another factor that the court may consider is the income of the parties. Where there is a disparity in income, the court may still award support despite the fact that the parties share custody of the child. I strongly suggest that you contact local counsel to discuss the facts of your case and the appropriate strategy. Good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. even with a 50/50 arrangement if you make more than her you will likely have to psy some support to her. Unless you agree together to keep support at zero. Contact my office for free consultation. 727-446-7659


  3. As my colleague stated if you make more money than your Wife you still may have to pay some support. If you have at least 20% of the overnights with your child, it is considered substantial shared parenting. Your child support begins to decrease significantly at 20% of the overnights and continues to decrease the more overnights you have with your child. You would also receive credit for any daycare and/or healthcare expenses you provide. My office is located in Tampa and you can schedule a free initial consultation by calling 813-374-0353.

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