My sons mother decided to go back to school and can't afford to pay childcare, thus wanting me to cover it. I've made life choices to lower my expenses but she will not do the same. This will put me more in financial hardship, and is not fair to me. Can joint custody sole this?
Divorce / Separation Lawyer
There are several issues in your question, namely imputed income/voluntary unemployment, and child support can vary quite a bit depending on the circumstances. In general, however, joint custody can potentially lower your child support obligation and any recalculation of the child support should include childcare costs. I would advise speaking with an attorney to review your specific circumstances; they can better analyze what the numbers will be. If you move forward, you would file both a motion to reallocate parental rights and responsibilities and a motion to modify child support.
Legal disclaimer: The response does not form an attorney-client relationship. Further, the response is not intended to create nor does it create a duty to answer additional questions. The response 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 may change. Attorney Sams is licensed to practice law only in the State of Ohio. All responses are based solely on Ohio law unless stated otherwise.
1 lawyer agrees
Family Law Attorney
Shared parenting is the term now used for joint custody. You must show that it is in the best interest of the child. You child support obligation would be affected only if you had the child with you a substantial time, so that you were directly providing food, clothing and shelter, etc., that you paid the other parent to provide before. That could be used to ask the court to lower your guideline support amount. Just putting on the title "shared parenting" will not cause your child support to be lowered.
Divorce / Separation Lawyer
You should discuss this with a family law attorney. Even if you have shared parenting, one of the parents could be ordered to pay child support. The court will take several things into consideration. I would hope that you are not lowering your income JUST to avoid child support. Some courts require a custodial parent for school purposes, that is the parent that is more likely awarded child support. Also, if the child spends more overnights at one house over the other. There are just way too many issues involved and you should consult with an attorney.
Responses provided are not intended to create, nor does it create an ongoing duty to respond to questions. The response is the educated opinion of the author and nothing should be construed as forming an attorney-client relationship. It should not be relied upon as legal advice. The response is based upon the limited facts and if additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.