my wife is making more money than i am. Will i be required to pay child support if we get divorsed? She makes almost 10k more than i do.
Child support is based on the combined incomes of both parties and can also be affected by the time sharing arrangement that the parties share with the minor child or children. If the child predominately resides with the Mother, then yes, you will definitely need to pay child support. If the child predominately resides with you, then she would need to pay you child support. If the child spends nearly equal time (which is determined by number of overnights) or at least 40% of the overnights with you, then it is possible that you may not be required to pay child support or the amount you pay may be minimal, as you will already be supporting the child based on the amount of time the child spends with you. As stated, child support is based on the combined incomes of both parties, the timesharing arrangement, any costs associated with child care and health insurance for the minor child, and then determined by a statutory formula, which allocates a percentage of the total costs to each party based on their respective incomes.
My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as any other potential issues that may arise should you choose to proceed with divorce. Please contact my office should you like to schedule a consultation.