While trying to get my husband counseling for his depression, I am trying to educate myself on divorce proceedings if it comes to that. I make $25k more than my husband, would I have to pay child support or alimony to him in the event we divorce? (Based on us having joint legal custody and me having physical custody w/ a visitation schedule for him)
If you will be the primary residential parent (i.e. more than 50% of your child's schedule), your husband would be responsible for paying child support to you. If you shared custody on an equal basis, you could be ordered to pay child support. Whether you would be obligated to pay spousal maintenance depends on what your actual incomes are. NYS has a spousal maintenance formula that will be controlling. You should schedule a consultation with an attorney to review these issues in detail.
Child support is typically paid by the non-residential parent. Because you are the more monied spouse, you will pay a greater proportionate share of the non-reimbursed medical, dental and child care expenses. There are statutes regarding child support and maintenance. You should consult with a family law attorney.
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