I live in Kentucky have a 7 year old out of wedlock went to court was awarded Joint Physical Custody Mother Never Asked For Primary Physical Custody I Was Told I Had To Pay Child Support but Recently Was Told Were She Never Asked To Be Primary Parent I SHould Not Be Paying Child Support . I keep child 4 days 3 nights she keeps child 4 night 3 days. Do I need to get a lawyer to stop child support payments.
Every state has different rules and procedures; however, whether or not you have primary physical custody is not the determining factor in most child support cases. Typically child support is based on the income of both the parents and both their timeshare with the child. Some jurisdictions have flat rates for child support. Others use guideline child support calculators to determine how much if any child support either party must pay. There are numerous factors that can impact a support order, so I recommend you contact a local family law attorney to determine what the laws are in your state and help you determine if you need to file a motion to modify child support and if, in fact, you even have an order for child support against you.
You need to consult with an experienced family law attorney who practices in your area ASAP. There is some case law on this issue (it sounds like you all have equal time with your child), but there are other factors to be taken into consideration to determine if child support could be terminated or offset due to the parenting time arrangement.
Responses are general in nature and do not create an attorney-client relationship. For specific advice it is advisable you retain legal counsel of your choosing.
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