I'm considering filing for joint custody of my son, and was wondering how that affects potential child support. I'm not on now

Asked almost 2 years ago - Columbus, OH

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?

Attorney answers (3)

  1. Craig M. Sams

    Contributor Level 7

    1

    Lawyer agrees

    Answered . 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.

    Good luck.

    Legal disclaimer: The response does not form an attorney-client relationship. Further, the response is not... more
  2. Frederick Lee Berkemer

    Contributor Level 11

    Answered . 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.

    Fred Berkemer

  3. Tonya Shur VanBenschoten

    Pro

    Contributor Level 9

    Answered . 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... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Child support and child custody

Child support is typically paid by the non-custodial parent to the custodial parent in order to help cover the costs of raising the child.

Donald G. Criscuolo

Relocation After Divorce

Perhaps no other area of family law is more emotionally charged and difficult to deal with than the issue of relocation with the children after a divorce. When negotiating timesharing, a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,073 answers this week

3,379 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,073 answers this week

3,379 attorneys answering