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Joint Phyiscal Custody And Child Support

My husband and I are seeking a divorce. We have a 6 & 8 year old. I am moving into a basement apartment less than 2 miles from our house. He is staying in the house. The basement apt has a living/dining area, bedroom, bathroom & I get full access to the kitchen in the house. We are looking at joint phyiscal custody. 1 week here, 1 week with me & so on. He seems to think that I will owe him child support since this will be their primary residence (his house) for school purposes. Does anyone do joint physical custody & can you offer advice on the child support & how well it works out with kids here, then there, back & forth. Thanks.

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Asked by Anonymous at 5:45 PM on Aug. 21, 2010 in Relationships

Answers (8)
  • Im not sure, but GL. I hope everything works out for the best.

    Answer by xxMasonsMommaxx at 5:47 PM on Aug. 21, 2010

  • If I'm not mistaken I believe the judge will look at what is in the best interest of the child. It won't be up to you or your husband. The judge will also make sure this kid won't be tossed around from place to place.

    Answer by ambr2006 at 5:48 PM on Aug. 21, 2010

  • if u have joint physical no money will be exchanged for CS. if u have sole physical and joint legal then the party who has sole physical is entitled to support. go to your nearest court house and speak with the lawyer of the day GL!

    Answer by Mrs_Chris_Pukt at 5:50 PM on Aug. 21, 2010

  • Even with joint custody one parent will be determined as the primary care giver but if its completely 50/50 I believe no child support would be ordered sounds like your husband is better off financially if he gets the house I'd be very mad at his suggestion. I'd have a talk with him about whats best for his children and make sure he's not trying to simply punish or scare you because he is

    Answer by rhonda111787 at 6:04 PM on Aug. 21, 2010

  • Actually, child support can be awarded in a joint 50/50 and it won't automatically be him. I live in PA and a friend of my ex husband's had this happen to him. His house was their residence of record for the school, but he paid is ex wife child support. Why?
    He made that much more money.
    That doesn't mean you have to file, but don't let him use this as a threat to you.

    Answer by layh41407 at 6:13 PM on Aug. 21, 2010

  • i have no direct personal experience with this, but my opinion based on talking to others is that many children don't feel like they have a true home... i really hate that trend, as much as i feel both parents should be as involved as possible, it seems to me that arrangement was developed for the convenience of the parents without thinking of the impact on the children. i would really be interested to see what those who are in such an arrangement have to say about that... anyway, i think custody is considered separate from support..

    Answer by figaro8895 at 6:43 PM on Aug. 21, 2010

  • Most states go on income, and how much time the kids spend with each parent. If you make the same amount of money, neither of you may have to pay child support because you will have 50-50 custody. If he makes more, he will pay, if you make more, you will pay. Talk to an attorney and find out what the laws are in your state, or Google them.

    Answer by Scuba at 8:12 PM on Aug. 21, 2010

  • It depends on your state. I live in OR, my ex and I have 50/50 parenting time and 50/50-joint-legal custody. Parenting time and legal custody are separate issues, at least they are in OR. Here, the child support is done based on a calculator, from the state, and it takes into consideration income, health insurance, daycare costs, etc. It also takes parenting time into consideration. Essentially, if you have 50/50 parenting time; which it sounds like you do, the deciding factors will be income, insurance and daycare costs. We do have rebuttals that can be files, such as one person having higher living expenses, etc. Again, that's how it's done in OR. Check your state's website to see how they calculate it and get more information.

    Answer by MeandMyBabes at 1:18 PM on Aug. 23, 2010

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