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Shared parenting is the custody arrangement and no child support was involved so can the wife ask for it years later?

Middletown, OH |

My brother-in-law has been divorced for a year and at the time of their divorce, they agreed to shared parenting where he gets the 2 girls Tues/Thur/every other weekend and she gets them Mon/Wed/every other weekend. She left him and left him with a mortgage payment that he paid to her parents for over a year and he also paid them $10,000 when they sold it because her parents lent them money to purchase the home while she got an apartment and he had to move in with his parents. Since their divorce, she has been fired from her job AGAIN, received $10,000 in a settlement, receives unemployment and assistance and bought a new car. She goes to school but uses the money for her rent and is now taking him to court for child support. He pays for medical ins. Will he have to pay child support now?

Attorney Answers 2


Yes, there is nothing to prevent her from receiving child support despite any past agreement. However, it sounds like there is a lot going on that might affect the child support calculation. I would definitely speak with an attorney to make sure the support is calculated correctly. Specifically, there may be an argument for imputing income depending on the reasons she was fired, he needs to make sure he gets credit for the health insurance, and, if he has more parenting time than the standard order in the county that granted the divorce, don't forget to ask for a downward deviation due to increased parenting time. He will likely be on the hook for child support, but there are things in the facts you presented that may mitigate the amount. Good luck!

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Yes, they are his children and she can ask for child support even years after the divorce.

This information is intended as general information only. This communication does not establish an attorney-client relationship between me and the asker.

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Thank you for your response. Does her government assistance along with her tuition money count as an income for her?

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