My ex-husband wants me to pay full child support when I have my child 50% of the time

Asked about 4 years ago - San Francisco, CA

I lived abroad for a year and, during that time, I assigned full custody of our child to my ex-husband and I paid full child support every month. Our joint custody papers were changed to him having full legal custody of our son. I was back in the U.S. in January 2009 and, since then, I had our son 50% of the time until now but we did not revert back the legal papers from full custody to joint-custody (it remains that he has full custody of our son); however we agreed to share our son 50-50 since and he even made the visitation schedule to be 50-50. Now he wants me to pay full child support from Jan. 2009 until this month even though we shared our son and split all expenses since my return. Is his act justified?

Additional information

I'm modifying the order but my ex tried to influence me to keep the order in place. Did he act in bad faith while having full custody of the child while, at the same time, sharing our daughter 50-50 over the year? He now wants me to pay full child support for the year that I had my daughter 50% of the time! Can I sue him for violating the court order since he shared our daughter 50% of the time while he had full physical and legal custody of the child?

Attorney answers (2)

  1. Zephyr Savoy Hill

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . You have to modify your court order to recognize the new facts. If you do not get a new Order you are violating the order every month you do not follow its terms in regards to visitation and support. It does not matter that the two of you have reached some oral agreement. Please call a local attorney today and get started on modifying your Order.

    Best regards,

  2. Kristen Lynn Bienstock

    Contributor Level 12

    Answered . You should consult with an experienced family law attorney first of all. Since your current orders state that you will be paying full child support, in order for you to legally change that, you would need to file a petition/motion to modify child support in the court that the original child support order originated from.

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